AWDHESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by order dated 30.7.1996 passed by the Commandant and order dated 27.11.1996 passed by the Deputy Inspector General of Police, the petitioner has approached this Court by filing the present writ petition. Brief facts of the case are that, the petitioner was appointed as Constable on 1.10.1989. After completion of the training and probation period, the petitioner was serving at Central Industrial Security Academy, Hyderabad and he was transferred to the office of the Commandant, C.I.S.F. Unit at Bokaro Steel Plant, Bokaro on 12.1.1996. Thereafter, on 14.1.1996 the petitioner was deputed at Central Coalfield, Dhori Area, Bokaro and while posted there on 26.3.1996, the petitioner was put under suspension on the following charges:-

(2.) The petitioner submitted his reply to the charges framed against him. The main defence of the petitioner was that in the night, he heard a sound of "Chor-Chor" whereupon he along with another Constable M.C. Mishra went outside. While they were returning along with another constable R.P. Singh, one B.L. Choudhury, Head Constable, intervened and asked them from where they were returning at the late night to which Constable M.C. Mishra retorted, who he was to ask such question to them. A quarrel took place between them in which B.L. Choudhury, as alleged, fell down and sustained injuries. An enquiry was conducted and the enquiry report dated 9.6.1996 was submitted. During the enquiry, the department examined three witnesses. The witness namely, S.C. Majumdar who was examined by the department has categorically stated that he had not seen the petitioner assaulting B.L. Choudhury. He has further stated that the petitioner was few yards away from Mr. B.L. Choudhury. Other witnesses who were examined on behalf of the department have also not stated that the petitioner had assaulted Mr. B.L. Choudhury. The only charge against the petitioner which was found proved was that on 24.3.1996 he was found absent from the barrack and he reported there at about 00:10 hrs. on 25.3.1996. A copy of the enquiry report was supplied to the petitioner. The petitioner replied to the show-cause notice however, the disciplinary authority passed the impugned order of penalty of dismissal from service. The appeal preferred by the petitioner was also dismissed vide order dated 27.11.1996.

(3.) A counter-affidavit has been filed on behalf of the respondents stating that the enquiry conducted against the petitioner was fair and all possible reasonable opportunity was given to the petitioner to defend himself. It has further been stated that during the course of enquiry, the said B.L. Choudhury has categorically stated that the petitioner along with M.C. Mishra had assaulted him.