ALAUDDIN AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) IN challenge is the judgment and order dated 3.9.2010 rendered in WP( C) No.2208/2007 rejecting the assailment of the order dated 6.3.2007 of the Commandant, 50th Bn., C.R.P.F. whereby the appellant was removed from service as a disciplinary measure.

(2.) WE have heard Dr B. Ahmed, learned counsel for the appellant assisted by Mr N. Hoque, Advocate and Ms. R.Borah, learned Central Govt. Standing Counsel for the respondents.

(3.) BEING aggrieved by the initiation of the departmental proceeding, the appellant approached this Court with WP( C) No.7060/2001 primarily on the ground that the accusations against him had already been scrutinized and adjudicated upon by this Court in Civil Rule No.541/98 and that therefore, a fresh enquiry thereon was illegal and unwarranted. This writ petition was dismissed in limine on 1.10.2001 whereafter an application for review thereof was filed by the appellant which was registered as Review Petition No.95/2001. Therein, the request of the appellant to bring on record the affidavit filed by the respondents was acceded to vide order dated 22.1.2002. WP( C) No.7060/2001 was finally dismissed for non prosecution on 30.1.2007. The departmental enquiry was thereafter concluded, whereupon by order dated 6.3.2007 referred to hereinabove, the penalty of removal from service was imposed on the appellant. The learned Single Judge having declined to interfere, the appellant is before us seeking redress.