DIPTI KR GOGOI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant while serving as constable, Central Industrial Security Force, Unit ONGC, Jorhat, was served with a memorandum of charge dated 20. 12. 1999 alleging that on 23. 11. 1999 at about 5. 20 hours in barrack No. 8 of CISF lines, Cinamara, he assaulted Constable S. K. Das, Jorhat Sector with an iron piece thereby committed gross misconduct, indiscipline, aggression and an act unbecoming of a member of Armed Force, i. e. CISF. A further charge was also drawn against him for his failure to turn up to duty on 23. 11. 1999 and remaining absent without permission from the competent authority, thereby committing gross misconduct, negligence and dereliction of duty. The appellant on receipt of the charge memo submitted his reply on 31. 12. 1999 stating inter alia that on 23. 11. 1999 he went to Constable S. K. Das at about 5 AM to enquire about his deployment of duty but said Sri Das instead of giving him reply used filthy language, resulting in heated altercations between them and suddenly Sri Das gave him several fist and blows, for which he pushed him and fell down on a steel box near his bed, which caused injury to him. It has further been contended in the said written statement that he had no malafide intention to cause injury to Sri Das and the incident occurred due to provocation by Mr. Das. Regarding the un-authorized absence from duty the appellant has contended in the written statement that after the said incident he went to perform his allotted duty but the Inspector, namely Mr. S. Singh, stopped him near the complex gate and compelled him to sit in the control room stating that there would be an enquiry against him.

(2.) THE departmental authority being not satisfied with the reply of the appellant decided to hold the disciplinary proceeding against him and accordingly the enquiry officer was appointed. In the said proceeding, the appellant participated, wherein he was given full opportunity to defend himself. The enquiry officer, on completion of enquiry, submitted his report on 24. 02. 2000 holding that the charges levelled against the appellant have been proved. The said report was furnished to the appellant vide memorandum dated 25. 02. 2000 for submission of his representation in writing. The appellant also submitted his representation on 07. 03. 2000, which was received by the disciplinary authority on 13. 03. 2000. The Commandant, i. e. the disciplinary authority upon perusal of the record of the enquiry, which includes the report of the enquiry officer passed the order dated 14. 04. 2000 imposing penalty of removal from service of CISF with immediate effect. The appellant, being aggrieved, filed a departmental appeal before the Deputy Inspector General, CISF (NEZ) on 12. 05. 2000, which was rejected by the Departmental Appellate Authority vide order dated 16. 10. 2000. A writ petition being W. P. (C) No. 2667/02 was thereafter, filed by the appellant challenging such departmental action which was however, dismissed vide Judgment and Order dated 22. 06. 2004 and hence the present appeal.

(3.) WE have heard Mr. A. M. Bujarbaruah, the learned counsel for the appellant and Mr. Hasibur Rahman, the learned Assistant Solicitor General of India for the respondents.