RAJENDRA NARZARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the Annexure-E order dated 3rd October, 2009, by which pursuant to a departmental proceeding, he has been imposed with the punishment of removal from service with effect from 3rd October, 2009. The period of suspension, which preceded the impugned order from 6th July, 2009 to 3rd October, 2009 is to be treated as non duty for all purposes as indicated in the said order. Pursuant to a preliminary enquiry that was conducted against the petitioner, a formal charge sheet was served on him on 29th July, 2009 with the following charges:-

(2.) Although the petitioner has not annexed the copy of the reply to the charges but his defence is discernable from the appeal that was preferred against the impugned order of punishment on 4th February, 2010 in which the petitioner pleaded inter alia as follows:-

(3.) Pursuant to the enquiry that was conducted, the Enquiry Officer submitted his report holding the petitioner guilty of the charges and thereafter, upon providing an opportunity to make representation against the same, the disciplinary authority passed the impugned order dated 3rd October, 2009 (Annexure-E) with the imposition of punishment of removal from service on the petitioner. Being aggrieved, the petitioner preferred the departmental appeal dated 4th February, 2010 to the Deputy Inspector General, Head Quarter, SSB, Muzaffarpur (Annexure-F), which, however, is said not to have been received by the authority as stated in the counter affidavit.