(1.) This is the second round of litigation and point for determination is identical to the one which was dealt with in the first round of litigation. The point for determination in substance is formulated as under:-
(2.) Rule 15 of the Central Civil Services [Class, Control and Appeal] Rules, 1965 [hereinafter referred to as CCA Rules, 1965] is applicable to the present case and has been dealt with, as such, under the same Rule. The said Rule provides that :
(3.) In the instant case, the admitted position is that the petitioner was enrolled as Sub Inspector, Central Reserve Police Force [C.R.P.F] in the year 1976, has risen to the post of Deputy Commandant by dint of his merit. On 26th of July 1996, a charge sheet was served upon the petitioner along with the statement of Articles of Charge and Statement of Imputation of mis-conduct and mis-behaviour in support of Articles of Charge. Mr. N.G.Subramania, Commandant 70 Battalion C.R.P.F was appointed as Enquiry Officer, who on conclusion of the enquiry has prepared the report, concluding para reads as under:-