HIMANSHU VERMA (EX-CONSTABLE C I S F NO 034440197), SON OF SHRI SOHAN LAL VERMA Vs. UNION OF INDIA THROUGH SECRETARY

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original petitioner who had preferred W.P.(S) No.1275 of 2009 which was decided by the learned Single Judge vide judgment and order dated 16th March, 2016, whereby the order of punishment of removal from the services from Central Industrial Security Force (herein after referred to as 'CISF' for the sake of brevity), has been held as valid and, hence, the original petitioner has preferred the present Letters Patent Appeal.

(2.) Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that this appellant is the original petitioner who was working as a Constable in CISF. Thereafter, several misconducts were committed by this appellant looking to the charge-sheet. The first charge is about the intoxication during course of his employment when he was in duty. The second charge is about outraging the modesty of Smt. Namita Bouri. This was committed during course of employment i.e. during his duty hours on 13th June, 2007. The third charge is about that previously also, twice the punishments were imposed and he has failed to correct himself and has remained incorrigible. Twice he was punished for intoxication and once for absentism.

(3.) Having heard learned counsels for both sides and looking to the facts and circumstances of the case, it appears that the charge-sheet was given to this appellant-delinquent. Thereafter, Enquiry Officer was appointed and during course of departmental enquiry, several witnesses were examined. It further appears from the facts and circumstances of the case that the charges levelled against the appellant have been proved on the basis of the evidence on record during course of departmental enquiry. Thereafter, again, he was given opportunity of being heard prior to imposition of the penalty and, ultimately, the disciplinary authority imposed the punishment of removal from service vide order dated 19th February, 2008. The said order is at Annexure 2 to the memo of this Letters Patent Appeal. This order of removal from service has been passed by Senior Commandant of CISF, Bhakokoli Unit, Dhanbad. Thus, this appellant-delinquent was given opportunity of being heard. Moreover, during enquiry also, several witnesses were examined. The report of the Enquiry Officer is based upon the evidence on record. Even the disciplinary authority has also given opportunity of being heard to the appellant-delinquent before imposition of the penalty. Thus, there is no procedural lacuna in holding the departmental proceedings.