JANMEJAYA NAYAK Vs. UNION OF INDIA AND ORTHERS

JUDGEMENT

(1.) This writ petition under Article 226 and 227 of the Constitution of India has been filed against the order of punishment dated 26.8.2005 passed by the Sr. Commandant, Disciplinary Authority, Central Industrial Security Force R.S.P., Rourkela-11 (Annexure-1), the appellate order dated 30.6.2006 passed by the Dy. Inspector General, CISF Unit RSP, Rourkela (Annexure-7) and the revisional order dated 20.02.2007 passed by the Inspector General, Eastern Sector, CISF (Annexure-9) whereby and whereunder the order of removal from service passed by the original authority has been affirmed by the Appellate Authority as well as Revisional Authority.

(2.) The brief fact of the case of the petitioner as per pleading in the writ petition is that while working as Constable in the Central Industrial Security Force at Rourkela Unit, Rourkela Steel Plant, received the charge sheet dated 26.8.2005 alleging therein the following charges:-

(3.) The petitioner in response to the said charge, has replied on 7.9.2005 denying the allegations. The authority, being not satisfied with the finding, has asked to the petitioner to participate in the inquiry. The petitioner has participated in the inquiry, but when inquiry was pending, another charge was issued on 12.4.2005 alleging therein the allegation of desertion from the Unit w.e.f. 1.2.2005 unauthorizedly. The Inquiry Officer has found the charge proved as per the allegation leveled vide Annexure-1 dated 26.8.2005 related to make vulgar postures to a lady residing in Quarters No.B-555, Sector-20, R.S.P. as also the unauthorized absence for 172 days.