ALAUDDIN MIR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner filed the instant writ petition praying for setting aside the order of punishment dismissing the petitioner from service passed by the disciplinary authority on 30th September, 2008 and affirmed by the appellate authority on 14th November, 2008.

(2.) The petitioner was a constable of Central Industrial Security Force (CISF). A charge sheet was issued against him on 21st January, 2008 under the following charge:

(3.) An inquiry officer was appointed to conduct the inquiry. The statements of the petitioner as well as the witnesses were recorded. The petitioner was given enough opportunity to disprove the charges levelled against him. He was given an opportunity to cross-examine the witnesses. The inquiry officer prepared his report and handed over a copy of the same to the petitioner. An opportunity to submit written representation against the report of the inquiry officer was also given to the petitioner and the petitioner submitted his written representation against the said inquiry report. The report of the inquiry officer along with the representation made by the petitioner against the same was placed before the disciplinary authority who after considering all the facts, the evidences of the witnesses and other relevant documents passed an order of penalty of dismissal from service with immediate effect on 30th September, 2008.