NRIPEN DAS S/O LT BIPIN DAS Vs. UNION OF INDIA AND ORS
HIGH COURT OF GAUHATI
Nripen Das S/O Lt Bipin Das
Union of India And Ors
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Hrishikesh Roy, J. -
(1.) Heard Mr. A.K. Purkayastha, the learned Counsel appearing for the petitioner. The respondents are represented by Mr. A.C. Kalita, the learned CGC.
(2.) The petitioner is a former constable of the CISF and he challenges his punishment of removal from service ordered on 29.12.2005 (Annexure-C). The rejection of his representation on the penalization ordered on 19.3.2010 (Annexure-F), is also under challenge by the delinquent.
(3.) The disciplinary action was initiated against the constable under Rule 36 of the Central Industrial Security Force Rules, 2001 (hereinafter referred to as "the CISF Rules") with the Charge Memo dated 4.5.2005, containing the following charge :
"That No.8570154/851399263 Constable Nripen Das of CISF Unit ONGC Tripura while serving at CISF Unit, ECL Seetalpur, Lalmatia Camp took active part and indulged in torturing to a civilian Mohammed Rais Ansari, son of Haji Rustom Ali Ansari by bearing brutally in the night of 05/06.06.1993 along with other CISF personnel of the said camp, as a result, Mohammed Rais Ansari fell down and died in the Lalmatia Camp line on the same day. The heinous act on the part of No. 8570154/851399263 Constable Nripen Das has not only tarnished the image of the Force but also affected the tranquility of the CISF Unit, ECL Seetalpur, Lalmatia Camp, which shows gross misconduct, indiscipline and unbecoming of an enrolled member of the discipline Force. Hence the charge";
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