RAMESH DUNGURI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition is for quashing the order dtd.18th November, 1993 passed by the Commandant, Disciplinary Authority whereby and where under the punishment of removal from service with immediate effect has been imposed and the period spent on suspension w.e.f.14.6.1993 to 12.07.1993 is confirmed with a direction that he will not get anything more that ever he has already received as SA/DA, the Appellate Order dtd.2nd August, 1994 and the Revisional order dtd.20th November, 2007 by which the order passed by the Disciplinary Authority has been confirmed.

(2.) The brief fact of the case is that the petitioner who was working as Sweeper in Central Industrial Security Force has departmentally been proceeded vide serving memo of charge on 13th July, 1993 leveling therein the allegation that on 9.6.1993 he took Pritisini Gouri, daughter of Sweeper D.G. Bag without informing Sweeper D.G. Bagh and kept in his brother's house and on 10.6.1993 when Sweeper D.G. Bag came to his house located at Harijan Basti, Plant site Road, Rourkela, he attacked him with deadly weapons causing head injury to him. The petitioner has denied the charges and accordingly a regular enquiry has been directed to be conducted by issuing direction upon the petitioner to participate in the enquiry by putting his appearance before the inquiry officer.

(3.) Learned counsel for the petitioner has submitted putting reliance upon the enquiry report that even the daughter of the complainant has submitted that she, on her own will, is living with the petitioner but the inquiry officer has not appreciated this aspect of the matter, as such the order of removal is not sustainable in the eye of law.