BUDHIN CHANDRA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Senapati, learned counsel appearing for the petitioner. None appears for the respondents.

(2.) By this writ petition, the petitioner has challenged the order of dismissal issued by the Commandant, Central Industrial Security Force Unit (for short "CISF") dismissing the petitioner from service.

(3.) The facts leading to filing of this writ petition may be stated in brief as follows: The petitioner, while posted at CISF Unit ECL, Seetalpur as Constable, was issued with a Memorandum of charge dated 01.10.2005, for alleged misconduct and negligence during his deployment in shift duty on 14.9.2003, from 13 hours to 20 hours at the main Gate of Dragline Erection Yard. It was further alleged that during duty hours from about 1930 hrs. the petitioner allegedly followed 8-10 miscreants for taking out some heavy materials, which were ECL property, by dragging the articles out towards the Main Gate of Dragline Erection Yard. During the period of petitioner's shift duty on 14.9.2003 materials worth Rs. 9,60,000/- had been allegedly stolen through his duty post. On getting information from the Management, the CISF team raided nearby areas and recovered the above stolen materials from the godown of Shri Jugal Mudi, of Chittaduga, Haripur on 15.09.2003. It was further alleged that the theft of the materials took place due to active connivance of the petitioner. Accordingly, following charges were framed against the petitioner in the enquiry proceedings: