JASBIR SINGH Vs. SENIOR COMMANDANT, CISF
LAWS(J&K)-2020-3-50
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 19,2020

JASBIR SINGH Appellant
VERSUS
SENIOR COMMANDANT, CISF Respondents




JUDGEMENT

Sanjeev Kumar,J. - (1.)Impugned in this writ petition is the show cause notice dated 23.03.2013 issued by respondent no.2 whereby the petitioner has been given an opportunity to intimate as to why he be not awarded the proposed penalty of 'removal from service'.
(2.)An advertence, though brief, to the factual antecedents leading to the filing of this writ petition, would be advantageous to appreciate the grounds of challenge urged by the petitioner to assail the impugned notice in proper perspective.
(3.)The petitioner is a Sub-Inspector working in Central Industrial Security Force ('CISF' for short). At the relevant point of time i.e. on 12.02.2011, the petitioner was on duty at Taj Mahal, Agra and was shift in-charge of the East Gate from 0500 hours to 1300 hours in the morning. It is alleged that the petitioner managed entry for 13 staff members of Kasturba Gandhi Girls School inside Taj Mahal campus without tickets and collected Rs.200/- illegally and unauthorisedly from the staff members of the School aforesaid on the assurance that he would provide them with tickets. On the basis of these allegations, a disciplinary enquiry was ordered and the petitioner was served with a memorandum of charges under Rule 36 of the CISF Rules, 2001 (for short 'Rules of 2001'). The petitioner pleaded not guilty to the allegations and, accordingly, the Enquiry Officer appointed by the Disciplinary Authority conducted a detailed enquiry into the aforesaid charges and concluded that the charges against the petitioner were not proved. The enquiry report was submitted to the Disciplinary Authority, who also agreed with the findings of the Enquiry Officer and exonerated the petitioner of the charges vide final order No.1621 dated 15th August, 2011.
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