AMBIKA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this Letters Patent Appeal by invocation of clause 10 of the Letters Patent of the Patna High Court, the appellant -original petitioner has brought into sharp focus, short question with regard to proportionality of the punishment of removal from service of Central Industrial Security Force (CISF), by virtue of order dated, 18.8.1999, recorded by the Commandant, CISF, Unit BSL, Bokaro, and order of the Deputy Inspector General, CISF, Bokaro Steel City, dated 3.2.2001, confirmed by the Inspector General, CISF, on 1.8.2002, by challenging the judgment of the learned Single Judge, recorded on 14.5.2004 in CWJC No. 4127. of 2004.

(2.) LEARNED counsel appearing for the parties have offered their submissions and in course thereof, we have been taken through the relevant and material record, as well as, the legal settings. We have, also, especially, gone through the record. With a view to appreciate the aforesaid short proposition, advanced before us, by the learned counsel appearing for the appellant -original petitioner and the opposition by the learned counsel for the respondents, let there be a skeleton projection of the material facts giving rise to this Letters Patent Appeal that:

(3.) THE disciplinary authority, agreeing with the findings of the Inquiring Officer, passed an order of removal on 31.7.1998 which was challenged by the appellant -original petitioner by filing an appeal before the DIG, CISF, Bokaro. As the appellant did not join and opt for participating in the inquiry, the DIG heard the appeal against the removal order, decided in favour of the delinquent by setting aside the order of removal passed by the Commandant and directed for "de novo" inquiry, as per the order dated 25.2.1999.