COMMANDANT CISF RANCHI Vs. DEEP SINGH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant -Commandant, C.I.S.F., Unit H.E.C. Dhurwa, Ranchi, against the judgment and order dated 23rd August, 2003, passed by the learned Single Judge in C.W.J.C. No. 2286 of 1998 (R), whereby and where under, the order of dismissal from service, passed against the 1st respondent -writ petitioner (Deep Singh), as affirmed by the appellate and revisional authorities, has been set aside with a direction to the appellant to reinstate the 1st respondent in service.

(2.) THE brief facts of the case are that the 1st respondent while serving as Constable, at C I.S.F., Unit H.E.C., Ranchi, was proceeded against departmentally under Rule 34 of the C.I.S.F. Rules, 1969 by the disciplinary authority vide Charge Memorandum No.V -15014/HEC/Adm -lll/Maj -25/94 -1307 dated 17th November, 1994 on account of the following charges :

(3.) THE learned Single Judge, on appreciation of the evidences, disbelieve the allegation and accepted the stand taken by the 1st respondent -writ petitioner and held the order of punishment illegal on the ground that the authorities had not taken into consideration all the aspects and the charges were not so grave, warranting punishment of dismissal from service.