TAPASH CHANDRA ROY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. U.K. Nair, the learned Sr. counsel appearing for the petitioner. The learned Central Govt. Counsel (CGC) Ms. B. Sarma represents the respondents.

(2.) The petitioner was a Constable in the Central Industrial Security Force (CISF) and his unit was deployed at the RDS Sector, ONGC, Nazira. Following the incident on 10.12007, in contemplation of a Disciplinary Proceeding (DP), the Constable was suspended on 13.12007 (Annexure-2) under Rule 33(1) of the Central Industrial Security Force Rules, 2001 (hereinafter referred to as the "CISF Rules"). Then the charge memo dated 212007 (Annexure-4) was issued against the delinquent, whereby response was sought on the following article of charges:- Article of Charge-I

(3.) An enquiry was then ordered and the charges were found to have been proved by the Enquiry Officer, as can be seen from the Enquiry Report dated 14.08.2008. The finding was then considered and after weighing the gravity of the misconduct, the punishment of dismissal from service was ordered against the delinquent on 17.09.2008 (Annexure-7). The resultant appeal filed by the constable was dismissed by the Appellate Authority on 24.01.2009 (Annexure-8) and the Revisional Authority too, upheld the punishment, under his order of 31.08.2009 (Annexure-9). Petitioner's Submission