BACHHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing the instant application under Article 226 of the Constitution, the petitioner, Sri Bachha Singh, sought for an order of quashing and setting aside the entire disciplinary proceeding, including the purported final order as well as other reliefs. Grievances, as ventilated, are as follows: -

(2.) THE petitioner joined the Central Industrial Security Force on 1st April, 1982. On 3rd November, 2007, a memorandum of charges was issued to him. It contained various false, fabricated and vague allegations. It was alleged that one radiator was stolen from his duty post. By letter dated 14th November, 2007, he replied to the same and denied the allegations. The authority concerned appointed Sri A. Kumar, as Presenting Officer and Sri Tulsi Singha, as Enquiry officer. It was in connection with the enquiry, which was directed to be conducted, in respect of the charges framed against the petitioner. The departmental enquiry commenced on and from 16th December, 2007. After presenting the evidence the Presenting Officer was of the view that the allegations made against the petitioner could not be proved. The Enquiring Officer analyzed the evidence and came to the finding that the charges were not proved.

(3.) THE Disciplinary Authority without any legal basis and due to extraneous reasons differed with the findings and issued a disagreement note by his purported letter dated 8th April, 2008. The petitioner was called up to make his representation.