SAKALDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties. The present writ application has been filed by the petitioner quashing the order dated 19.2.1994 passed by the Commandant. Central Industrial Security Force (for short C.I.S.F.). Unit O.N.G.C. (ER). Najira District -Sibsagar, Assam, removing the petitioner from service after conclusion of the departmental proceeding, order dated 12.5.1995, passed by the appellate authority dismissing the appeal against the said order and the order dated 7.12.1995 passed by the revisional authority dismissing the revision against the appellate order. Copies of the said orders have been appended as Annexures 3, 2 and 1, respectively, to the writ application.

(2.) THE facts, which are not in dispute, are that the petitioner was appointed as a constable in C.I.S.F. In the year 1980. He served the department at different places and on 25.8.1983 while he was posted at Najira, he was asked by the Inspector, C.I.S.F. Unit. O.N.G.C., D. Coy to go for an out station duty at production well 339, situated at Dhakari Siga Gaon near Lakowa, but he refused to carry out the order of the Coy Commander concerned. Thereafter, it appears that the petitioner was suspended. Thereafter, memo of charges was sent to the petitioner on 4.9.1993 through S. I. -D. David but the petitioner refused to accept the same and asked Mr. David to return the same to the Coy Commander. Thereafter, a departmental proceeding was initiated against the petitioner with regard to two charges as mentioned below - "Article -I An act of gross indiscipline, disobedience and dereliction of duty on the part of No. 802220428 Constable S.D. Singh of CISF unit ONGC (ER) Nazira in that on 25.8.93 while he was ordered to move for further duty at production well no. 339 an out post of Sibsaqar Coy, he flately refused to carry out the orders of the Coy, Commander concerned thus violated section 10 (a) of CISF Act, 1968. Article -II Gross indiscipline and unbecoming of Member of Force in that no.802220428 Constable S.D. Singh of CISF Unit, ONGC (ER) Nazira, Sibsagar Sector flately refused to accept the lawful office letter issued in his name on 4.9.93 at about 1/30 hrs. in his full presence of mind and sound health which is violation of section 19 (a)of CISF Act 1968.

(3.) FROM a perusal of the orders, as contained in Annexures 1, 2 and 3, it appears that in the departmental proceeding, witnesses were examined and other materials were brought on record and the disciplinary authority had come to the conclusion that the petitioner disobeyed the lawful order of the authority and also refused to receive the memo of charge, which was sent to him by the Coy Commander through S.I. -D. David. After conclusion of the departmental proceeding, the punishment removal from service has been awarded against the petitioner, which has been affirmed in appeal and, there after, in revision as stated above and they have been challenged in this writ application.