DINESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ETITIONER was an Assistant Sub Inspector in the Central Industrial Security Force. A departmental proceeding was initiated against him and the disciplinary authority by order dated 30th of June, 1999 (Annexure -21) inflicted the penalty of removal from service. Aggrieved by the same, petitioner preferred appeal and the appellate authority by order dated 12th of November, 1999 (Annexure -23) dismissed the same. Petitioner thereafter preferred revision and the revisional authority by order dated 30th of April, 2001 (Annexure -1) modified the punishment of removal to that of compulsory retirement from service with full retiral benefits.

(2.) IN this writ application prayer of the petitioner is to quash the aforesaid orders as also the enquiry report dated 8.5.1999 (Annexure -2) which formed the basis of punishment.

(3.) MR . Gautam Saha appearing on behalf of the petitioner submits that Charge No. 1 is false and fabricated and has not been proved. He submits that the petitioner instead of being sent to the N.T. P.C. Hospital was sent to the Bhagalpur Medical College and Hospital and it was done to procure a favourable report. He also points out that none of the members of the force who were, in fact, playing the volley ball has been examined in the departmental proceeding and as such the finding of guilt recorded by the enquiry officer is unsustainable. He also points out that although the doctor has given a report that the petitioner was under the influence of liquor but the said report has been given without any test. Mr. R K. Shahi, Central Government Standing Counsel, however, appearing on behalf of the respondents submits that this Court cannot act as a court of appeal against the finding of the commoenquiry officer, the disciplinary authority, appellate authority and the revisional authority. He points out that the petitioner in sum and substance is asking for reappraisal of the evidence which is not possible.