LAWS(ORI)-2009-11-20

SUDARSAN GIRI Vs. UNION OF INDIA

Decided On November 20, 2009
Sudarsan Giri Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) IN this writ application filed under Article 226 & 227 of the Constitution, the Petitioner seeks to assail the order of punishment of removal from service imposed upon him by Order Dated 10th August, 1998(Annexure -13) passed by the Commandant, Central Industrial Security Force, in short, 'CISF', which was confirmed by the Appellate authority as well as the revisional authority vide Annexures -15 & 17 respectively.

(2.) BEREFT of unnecessary details, the short facts, which are necessary for effectual adjudication are:

(3.) AFTER receiving the charges, the Petitioner submitted his explanation through proper channel to Opp. Party No. 4 humbly explaining the circumstances for which he was not able to vacate the quarters & he had no deliberate intention to disobey any orders & also submitted that some of his juniors were allotted the quarters & there was no rhyme or reason not to allot a quarter in his favour even on out of turn basis. He denied all the charges & took the stand that he had no intention to illegall y occupy the quarters & in fact no latches can be attributed to him. The occupation of the quarters was due to force majeure as his wife & child were constantly ill.