MOHIT Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) A constable belonging to the Central Industrial Security Force (CISF) is before us in appeal. He appeals against the judgment and order dated 7th January, 2016 of this court in the writ application (WP 26853 of 2015) declining to interfere with the order of the departmental disciplinary authority directing the appellant's removal from service. This court was approached after the exhaustion of alternative remedies.

(2.) The incidents relate to the intervening night between 31st July and 1st August, 2013. Between 23rd July, 2013 and 1st August, 2013, from 10 p.m. up to 6 O'clock in the morning, the appellant's duty was in an area in the Durgapur Steel Plant complex, which according to Mr. Sanyal appearing for the appellant covers an area of 7 to 8 Sq. k.m. His learned advocate also says that during day time on 31st August, 2013, he had done full duty. He was asked to do further duty from 11 p.m. onwards till 6 am that night.

(3.) The disciplinary proceedings were started against the appellant on three charges. The first was that he was not found in his place of duty for sometime around midnight. We have not been favoured any material to show the exact time he reported back to duty but he was not found to be there at around 11.30 p.m. The second charge made against him that he was aiding and abetting Chingres to commit theft.