DIPTI KUMAR GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the order of removal passed against the petitioner. The petitioner while was serving as Constable under the respondents was placed under suspension by an order dated 23.11.1999 in contemplation of a disciplinary action. By Memorandum dated 20.12.1999, the following articles of charges were communicated to the petitioner along with the statement of the charges and the lists of documents and witnesses. ARTICLE-1

(2.) The petitioner submitted his written statement of defence denying the charges. According to the stand in the written statement there was some altercation with said Shri S.K. Das and he gave several fist and blows on the face of the petitioner. Exercising the right .of private defence, the petitioner protected him and he fell down on a steel box kept near his bed and later on the petitioner could come to know that Shri S.K. Das sustained simple injury. Thus the defence pleaded in the written statement was the defence of right of private defence as a consequence of altercation with said Shri S.K. Das who in turn allegedly attacked the petitioner.

(3.) A regular Departmental Enquiry was conducted against the petitioner and the Enquiry Officer found the petitioner guilty of the charges. Thereafter, the Disciplinary Authority observing the required formalities passed the final order on 14.4.2000 imposing the penalty of removal from service. The petitioner preferred an appeal against the order of removal. However, same was also rejected by order dated 16.10.2000. It is the legality and validity of the aforesaid two orders i.e. 14.4.2000 and 16.10.2000 which have been questioned in this writ proceeding.