PRATAP KAIVARTA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) CASE was heard on 02.06.2015 and today is fixed for delivery of judgment.

(2.) HEARD Mr. A. Tahbildar, learned counsel for the petitioner and Mr. C. Sharma Baruah, learned Central Government Counsel (CGC) for the respondents.

(3.) AT the relevant point of time, petitioner was serving as Constable in the Central Industries Security Force (CIFS) Unit ISP Burnpur in the State of West Bengal. Memorandum dated 07.05.2007 was issued by the Commandant, CISF Unit, ISP, Burnpur, informing the petitioner that an enquiry was proposed to be held against him under Rule 36 of the Central Industrial Security Force Rules, 2001, (CISF Rules, 2001) on the charge framed against the petitioner. Petitioner was asked to submit his written statement of defence. The substance of the charge against the petitioner was that D Company of CISF Unit, ISP Burnpur to which petitioner belonged was detailed for election duty in connection with the Assembly Elections of 2007 in Uttar Pradesh. The company had camped at DM Public School, Gar (Ghaziabad). On 13.04.2007, petitioner was detailed for duty at Booth No. 136, which was in a primary school at Khera of Gar Constituency. He came back to the camp after completion of duty on 13.04.2007 at around 2200 hours. After reaching the camp, he started abusing in the name of the Company Commander and when Constable Dinesh Kumar objected to it, petitioner also abused Constable Dinesh Kumar and attempted to assault him with his SLR without any provocation. Petitioner was accordingly charged with committing gross misconduct and indisciplined behaviour unbecoming of a member of a disciplined force like the CISF. Along with the memorandum, a list of documents and a list of witnesses were annexed.