GULSHAN NAND KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the disciplinary proceedings initiated against the petitioner, the appellate order passed against appellate order affirming the order passed by the Disciplinary Authority as well as the revisional order passed by the competent authority upholding the order passed by the disciplinary authority.

(2.) The brief facts are that the petitioner was employed as a constable under the Central Industrial Security Force (CISF) and was allotted Force Number 001360094. Petitioner was posted at the CISF unit at Indian Oil Limited, Duliajan, Post Office- Duliajan, District- Dibrugarh, Assam at the relevant point in time. During his posting at the same place, he was served with an order of suspension dtd. 20/9/2008 intimating that he was placed under suspension pending disciplinary proceedings. Pursuant to said order of suspension, a charge-sheet was issued to the petitioner bearing number V-15014/Mak-20/GNK/L&D/OIL(D)/2008-15528 dtd. 18/10/2008 by the Commandant, CISF, Oil India Limited, Duliajan framing as many as four articles of charges against him. The following articles of charges were framed against the petitioner: CHARGE-I Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that on 20/9/2008 at around 00450 hours without any special reason he created an atmosphere of disturbance and abused Force No. 064870164 Ct. Dipak, slapped his face and enraged cocked the service rifle AK47 Reg SBA-436188 (Bn. No. 83) issued for duty and pointed it at his chest. This act of Force No. 001360097 Ct. G.N. Kapoor shows grave misconduct, irresponsible behaviour and indiscipline and also expresses his criminal nature. CHARGE-II Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that on 20/9/2008 at around 0650 hours he left his post at the tank farm backside watch tower without the permission of his superior officers and without handing in the service rifle AK-47 Reg SBA-436188 (Bk No. 83) issued to him for duty and with the purpose of influencing the department came to his official residence No. A X 24 and locked himself in with the weagon. This behaviour of a members of an armed force show great indiscipline, misconduct and irresponsibility. CHARGE-III Force No. 001360097 Ct. G.N. Kapoor who is posted in the industrial sector in CISF unit Oil Duliajan that on 20/9/2008 at around 0800 hours when HC D.K. Siyog unit BHM and H.C. P.K. Dey HQ group CHM ordered him to come out of his quarters and surrender the weapon/ammunition he threatened to fire at them. This act of Force No. 001360097 Ct. as shown great indiscipline, irresponsible behaviour and grave conduct and also his criminal nature. CHARGE-IV Force No. 001360097 Ct. G.N. Kapoor who Is posted in the industrial sector in CISF unit Oil Duliajan that during his seven years of service he has committed acts of indiscipline and misconduct and got six (06) punishments and alongwith having a bad service record he has acquired the incorrigible habit of repeating indiscipline, misconduct, irresponsibility and ignoring lawful orders. Out of these six (06) punishments there were five for quarrelling, dereliction of duty and irresponsible behaviour.

(3.) The enquiry proceeded against the petitioner and by enquiry report vide Memorandum No. V-15014/Maj-20/GNK/L&D/OIL(D)2009-2752 dtd. 26/3/2009, the petitioner was found guilty of the charges levelled against him. In response to the enquiry report submitted, the petitioner filed a representation stating that he was suffering from mental disease and therefore under provisions of 51860 nothing committed by a person of unsound mind can be treated to be an offence. It was stated in the representation that the Enquiry Officer did not take into consideration any of these provisions and the findings of the Enquiry Officer to hold that the charges according to the petitioner hold to be proved was based on no evidence. The doctor who had treated the petitioner was not examined although he was a vital witness. The Commandant CISF, Indian Oil Limited, Duliajan without taking into consideration these issued passed the Final order bearing No. V-15014/BAD/30/GNK/ANU/OIL-D/09-3797 dtd. 26/3/2009 imposing the penalty of removal from service of the petitioner from service. The appeal and the revision preferred against the said order of removal was also dismissed by the appellate authority and the revisional authority respectively confirming the final order dtd. 26/3/2009 passed by the Disciplinary Authority. Aggrieved, the writ petitioner has assailed these order before this Court.