AKHILESH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing this intra- court appeal under Clause 10 of the Letters Patent Appeal, the appellant being the petitioner in WP(S) No. 6102 of 2015 has prayed to set aside the order passed by the learned Single Judge on 29/1/2021, whereby the writ petition, filed by petitioner for setting aside the final order of the enquiry, the order of the Appellate Authority and the Revisional Authority and the final order passed by the Disciplinary Authority terminating the service of the petitioner, has been dismissed.

(2.) The petitioner is a member of Central Industrial Security Force (CISF). He was issued a chargehseet for dereliction of duty being in a drunken condition and sleeping during the night duty and also abusing the officers. A full fledged enquiry was conducted and the Enquiry Officer reported that the charge has been established. Thereafter, the Disciplinary Authority passed the order of removal of petitioner from service. An appeal was preferred by the delinquent employee, which was also dismissed. The Revisional Authority also attended the revision application but did not interfere with the findings recorded by the Enquiry Officer or the Appellate Authority.

(3.) In course of hearing the writ petition, the learned counsel for the petitioner, Mr. Anjani Kumar Verma, confined his argument only to the proportionality of punishment and submitted that the petitioner may be given liberty to file a mercy appeal before the respondent authorities. However, the said submission was not countenanced by the learned Single Judge. He having considered the matter that the petitioner has been found guilty at three levels i.e. the level of departmental proceeding, the proceeding before the Appellate Authority and the Revisional Authority, who did not inclined to interfere with the matter. It was the further opinion by the learned Single Judge that in a disciplined organization like the CISF, in order to preserve the chain of command and discipline in Para Military Forces, a serious view should be taken also on the question of punishment.