PRATIBHA RANI, J. - (1.) THE petitioner was enrolled as a Constable in CISF on July 21, 1986. In the year 1992 the petitioner was posted at CISF Unit, IOC Haldia, Calcutta. On August 20, 1992 during his 'B' shift duty from 1330 hours to 2130 hours for his alleged misconduct as well for his subsequent conduct, the petitioner was charge -sheeted as under: - 'CHARGE -I That, the said No.864050012 Constable Rambir Singh while functioning as sentry at the LPG area of the CISF Unit, IOC Haldia in "B" Shift from 1330 hrs to 2130 hrs on 20.08.92 was found sleeping on a wooden plank at about 1715 hrs on 20.08.92 inside the LPG watch tower by No.733190373 HC/GD S.K.Khatua Charge -II That, No.864050012 Constable Rambir Singh while functioning as duty sentry at the LPG area of the CISF Unit, IOC Haldia in "B" Shift from 1330 hrs to 2130 hrs on 20.08.92 was detected sleeping by No.733190373 HC/GD S.K.Khatua and hence HC Khatua noted in the duty slip that No.864050012 Constable Rambir Singh was found sleeping. But the said obliterated the entry made in the duty slip to distort evidence in regard to the slackness in performance of duties detected by HC/GD S.K.Khatua. Charge -III That, No.864050012 Constable Rambir Singh while functioning as Constable in the CISF Unit, IOC Haldia assaulted No.733190373 HC/GD S.K.Khatua on 20.08.92 at about 2145 hrs in the Unit lines area which caused hospitalization of No.733190373 HC/GD S.K.Khatua from 20.08.92 to 22.08.92. Charge -IV That, No.864050012 Constable Rambir Singh while functioning as Constable in the CISF Unit IOC Haldia entered inside the office room of Shri R.N.Sarkar, Dy. Commandant, CISF Unit IOC Haldia on 21.08.92 at about 1205 hrs and threatened to kill him and outrage the modesty of his daughter as Shri R.N.Sarkar, Dy.Commandant placed the said No.864050012 Constable Rambir Singh under suspension for assaulting No.733190373 HC/GD S.K.Khatua his superior officer. Charge -V The past record of the said No.864050012 Constable Rambir Singh indicates that he is habitual offender of overstaying for leave, sleeping on duty etc. The above said acts on the part of Const.Rambir Singh amounts to indiscipline, misconduct, dereliction to duty and negligence in discharge of his duties.'
(2.) MEMORANDUM of chargesheet was served on the petitioner but he did not file any response within the stipulated time. The disciplinary proceedings were initiated against him and Asstt. Commandant Sh.M.S.Kalra was appointed as Inquiry Officer. During the inquiry proceedings, 15 witnesses have been examined by the department. Defence statement was made by the petitioner. The Inquiry Officer submitted his report recording the finding that except charge No.2 remaining charges have been proved.
(3.) COPY of the inquiry report was furnished to the petitioner on March 07, 1993 requiring him to submit his response within the stipulated time. The petitioner opted not to file any response. The disciplinary authority after considering the statement of the witnesses examined before the Inquiry Officer as well the defence statement made by the petitioner, accepted the inquiry report and ordered the petitioner to be dismissed from service. The petitioner preferred an appeal against the order of the disciplinary authority which was rejected on March 02, 1994.;