RAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment has been dictated in open court in presence of the learned counsel for the parties.

(2.) BY means of this present writ petition, petitioner has assailed the order dated 28th July, 1997, whereby his services as Constable in SSB have been removed w.e.f. 28th July, 1997. He has also assailed the order dated 29th May, 1998 passed by the Appellate Authority and also the order dated 4.9.2001 passed by the Revisional Authority upholding his removal from service.

(3.) INSPITE of having afforded sufficient and reasonable opportunities, petitioner did not participate in the inquiry at all and based on the material, statements of witnesses, the Inquiry Officer appointed to conduct inquiry held that charges against the petitioner stood duly proved. The disciplinary authority issued a show cause notice dated 29th August, 1995 duly received and acknowledged by the petitioner, proposing the penalty of removal from service. The petitioner did not make any representation and he was removed from service w.e.f. 15.9.1995 and the period of absence from 17.1.1995 to 28.7.1997 was treated as "Dies non" . Aggrieved from the said order of removal from service passed by the disciplinary authority namely; the Commandant, GC, SSB, Shamshi, the appellant preferred an appeal before the Divisional Organiser, Directorate General of Security, who vide his order dated 27th February, 1997, set aside the order of removal dated 16.9.1995 and directed conduct of De-Novo inquiry with full and reasonable opportunity to the petitioner to defend himself. Relevant portion of the order is reproduced hereinbelow:-