UNION OF INDIA Vs. PANCHANAN ROY

JUDGEMENT

(1.) This is an appeal directed against the Order passed by a learned single Judge dated 9th August, 2001 in C. O. No. 10081 (W) of 1996 whereby the learned single Judge has allowed the writ petition and set aside the enquiry report, the order of punishment by the disciplinary authority as well as the order passed by the appellate authoriy confirming the order of the disciplinary authority. The learned single Judge, however, left open for the disciplinary authority to pass final order in accordance with law after completion of necessary enquiry upon examination of witnesses as intended by the petitioner. Aggrieved against this order the present Appeal has been filed by Union of India.

(2.) Brief facts which are necessary for disposal of this Appeal are that the petitioner was serving as a Head Constable in the Central Industrial Security Force in Farakka Barrage Project Unit (for short CISF). The incumbent was served with a Charge sheet and 5 charges were framed against him. The Enquiry Officer after recording the necessary evidence and hearing both the parties, found all the charges proved against the incumbent. Thereafter the disciplinary authority passed the Order of removal from his service on 6.8.1994/5.4.1995. Aggrieved against this, the incumbent preferred an Appeal on 3.5.1995 before the Deputy Inspector General of Police, CISF, North Eastern Zone, Calcutta, who disposed of the same by his order dated 18th April, 1996. Aggrieved against both these orders, the Petitioner filed the present writ petition. The writ petition was contested by the Respondent by filing affidavit-in-opposition and the learned single Judge after hearing both the parties found all Charges rightly proved before the Enquiry Officer. He observed with regard to Charge No, . 1 & 2 as follows :

(3.) Likewise for Charge No. 3 he observed :