RAJENDRA KUMAR BISOI 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 as well as the order passed by the appellate authority rejecting the appeal.

(2.) THE petitioner while working as a Constable in the Central industrial Security Force ('CISF' for short) was on duty on 9.11.1995 under opposite party No.3 and was detained for patrolling duty in 'B' shift from 13.00 his to 21.00 hrs. During the duty period at about 20.30 hrs there was an attempt for theft inside the plant premises by 5 to 6 criminals and it was noticed by some Constables on duty. The petitioner as well as one Suresh Kumar fired one round each, as a result of which the criminal fled away except one Gobei Majhi who was caught by the security personnel. On interrogation, the said Gobei Majhi stated that the criminals had been allowed by the petitioner to enter inside the premises by scaling over the wall and in a T.I. parade conduct then and there, the petitioner was identified by said Gobei Majhi. A criminal case was started on the basis of the F.I.R. lodged by Subash Chandra Majumdar, A.S.I. on 10.11.1995 where the petitioner was examined and his statement was recorded by the Police. In the criminal case the petitioner was not made an accused. However, on the basis of the statement of accused Gobei Majhi a preliminary inquiry was conducted on the spot on the very same day and on the basis of the preliminary inquiry the authority decided to start a disciplinary proceeding against the petitioner on the following charges :

(3.) THE learned counsel for opposite parties submitted that the principles of natural justice have been followed during the departmental proceeding and there is no allegation about non -compliance of the principles of natural justice. On the basis of materials available on record the Inquiring Officer having come to a conclusion finding the petitioner guilty of the charges, this Court in exercise of jurisdiction under Article 226 of the Constitution of India should not disturb the finding of fact. The learned counsel having raised a question with regard to non -availability of even prima facie materials for establishing the charges, I looked into the evidence connected in course of the departmental proceeding which has been annexed to the writ application.