MAHESH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner a Head Constable/GD in Central Industrial Security Force (force for short), posted at Dhurwa, Ranchi, was departmentally proceeded on following charges :

(2.) THE enquiry officer submitted his report after enquiry (Annexure 2), in which it is said that the petitioner has participated and he was examined as DW 1. The enquiry officer found the charges proved beyond doubt. Therefore, the petitioner filed a petition to the DIG (Annexure 3) stating that he is innocent and prayed him to disbelieve the charges. He also discussed the entire evidence adduced before the enquiry officer. He also stated that the enquiry officer has not considered the ease partially. The disciplinary authority considered the entire matter, examined the evidence, facts of the petitioner -proceedee and gave his finding that the charge is proved and after rejecting the plea of the petitioner that he was innocent awarded the following punishment :

(3.) A counter -affidavit had been filed by the respondents. Annexure A is an order of the DIG under Rule 30, Sub -rule (1) of the Force Rules the granting subsistence allowance as per the Rules to the petitioner. Annexure B is order revoking the suspension. Annexure -C is a direction given by the Appellate Authority to the petitioner that he may file a written statement and may be present for hearing in person. Along with that letter annexures were also enclosed, which contains the charges and the relevant document. Annexure -D is a letter of the enquiry officer with a copy to the petitioner, which appears to have been received by the petitioner because there is an endorsement in the right margin of this letter. Annexure -E is a letter issued by the Deputy Inspector, Central Industrial Security Force, to the petitioner directing him that the petitioner may submit his application against the order of the Disciplinary Authority. This was also received by the petitioner along with the copy of the enquiry proceeding and the enquiry report. Annexure F corresponds to Annexure -A. Annexure -G is the interim order of the Disciplinary Authority. Annexure H is the order showing that during the period of suspension the petitioner has filed a rejoinder to the counter affidavit, in which it has been stated that the petitioner has pleaded to be innocent. He has also made averments that the evidences were not sufficient to prove his guilt and it is not in accordance with the principle of natural justice.