BHUBANESWAR CHHATRIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ application has challenged the order of removal from service pursuant to a disciplinary proceeding and the order passed by the appellate authority rejecting the appeal.

(2.) THE petitioner while working as Constable, C.I.S.F. at Paradip Port was served with a memorandum of charges dated 29.5.1996. The charges are as follows :

(3.) LEARNED counsel for the petitioner submits that accepting the entire evidence on record no case is made out in support of the charges and it is a clear case of no evidence. He further submitted that the persons on whose complaint the preliminary enquiry was held were not examined and therefore there was no scope for the petitioner to meet charges levelled against him. Learned Additional Standing Counsel (Central) Sri S.K. Das submitted that principles of natural justice have been followed in the disciplinary proceeding and that materials available on record clearly prove the charges and therefore this Court should not interfere with the finding of the Enquiring Officer.