RAJ KUMAR Vs. M/S RAM KRISHAN

JUDGEMENT

(1.) This Application is directed against the order dated 14.6.04 passed by the Commandant, 2nd Bn. Manipur Rifles, Imphal who having found charges being proved during enquiry, dismissed the petitioner from service.

(2.) The charges, upon which the petitioner who was serving as Rifleman in the 2nd Bn. Manipur Rifles, was put to a departmental proceeding, were as follows:

(3.) The Memorandum of charges along with the documents and also the list of witnesses were served upon the petitioner who, on receiving the same, did not plead guilty and thereby he was put to departmental proceeding for which an Enquiry Officer as well as Presenting Officer were appointed even a Defence Assistant was provided to the petitioner. The Enquiry Officer, having examined the witnesses produced by the department, gave opportunity to the petitioner to adduce evidence which the petitioner did not choose to lead any evidence. Thereupon the Enquiry Officer having appreciated the evidences adduced found both the charges being proved. Thereupon, the petitioner, on being served with the enquiry report, was asked to submit his second show cause. Upon submission of it, the disciplinary authority (respondent No.4) passed the impugned order whereby the petitioner was dismissed from service.