NARAYAN CH. DEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant writ petition is filed by the present petitioner, who was dismissed from service by the disciplinary authority, for quashing the order of punishment dated 21.05.2001 issued by the Commandant, CISF Unit KSTPP, Korba, the Disciplinary Authority exercising its power under Rule 29 of the CISF Rules, 1969 imposed the penalty of dismissal from service and (Annexure-I to the writ petition) and also to set aside the order of the appellate authority dated 24.09.2001 (Annexure-K to the writ petition) whereby and whereunder the appellate authority upheld the order of the disciplinary authority and rejected the appeal being devoid of merit, along with other prayers. Heard Mr. N Majumdar, learned counsel for the petitioner as well as Mr. A Nandi, learned CGC appearing for the respondents.

(2.) The case of the petitioner in brief is that the petitioner entered into service under the Central Industrial Security Force (for short, "CISF") as a Constable in the year 1983 and his first posting was at Madurai and from there he was transferred to Calcutta and then to ONGC Complex, Agartala. While he was serving at Calcutta he was removed from service by the CISF Authority on 18.04.1991 and the said removal order was challenged before this Court in Civil Rule 253 of 1991 and the said Civil Rule was ultimately allowed setting aside the order of removal and consequent thereto the petitioner was reinstated in service w.e.f. July, 1995 with a rider that the petitioner shall not be entitled to back wages.

(3.) While the petitioner was serving at Agartala he was transferred to Korba in Madhya Pradesh, at present Chattisgarh by an order of transfer dated 05.12.2000 and in compliance to that order the petitioner joined at Korba on 28.12.2000. On 09.02.2001 while the petitioner was discharging his duties at Korba he was detailed for night duty at Korba Road Over-bridge and when he was on duty it was alleged that the petitioner had beaten up one of his superior officer, namely, Mahavir Singh, Sub-Inspector, CISF and for which he was placed under suspension vide order dated 10th February, 2001 (Annexure-B to the writ petition) and the said suspension order was followed by a formal departmental proceeding dated 26.02.2001 drawn by the Commandant CISF, KSSTPP, Korba Unit, respondent No. 3 on the sole-ground based on the allegation that he had assaulted his superior officer causing injuries on his person. Accordingly, the petitioner was charge sheeted on 26.02.2001 with the following Article of Charges in Appendix-01.