- (1.) Leave is granted to the learned Counsel for the Petitioner to amend the cause title of these Petitions by incorporating the Senior Commandant of the Central Industrial Security Force, Unit at Farakka Super Thermal Power Project.
(2.) In these two Writ Petitions, the Petitioner, Kanailal Kumar, prays for an Order commanding upon the Respondents to set aside and withdraw the charge sheet/charge Memorandum dated 15.10.2005 issued by the Senior Commandant of the Central INdustrial Security Force, Unit at Farakka Super Thermal Power Project in the District of Murshidabad and as contained in Annexure - P3. By reason by the said Memorandum, the Petitioner was said to have proved himself to be a habitual offender and was accordingly directed to show cause and to indicate as to whether he wanted personal hearing. IN Paragraph - 4 of the said Memorandum, it was indicated that if the Petitioner did not file his Cause within the period indicated above or did not present himself before the Enquiry Officer, then the matter will proceed ex parte. The Petitioner has also prayed for quashing the Order dated 17.11.2005 as contained in Annexure - 'P12' whereby and whereunder the Senior Commandant had rejected the prayer of the Petitioner for change of the Enquiry Officer and had directed him to attend the enquiry and co-operate. In the other Writ Petition being W.P. 5410(W) of 2007, the Petitioner has prayed for quashing the Order dated 20.3.2006 passed by the said Senior Commandant (Annexure - P6) whereby and whereunder yet another Memorandum was issued making similar directions. The Petitioner has also prayed for quashing the final Order dated 26.8.2006 passed by the Commandant in the capacity of the Disciplinary Authority whereby and whereunder, and in view of an Order of compulsory retirement from service with full pensionary benefits passed in another disciplinary proceeding, the Memorandum dated 15.10.2005 was ordered to be kept in abeyance with an observation that if the Petitioner was reinstated in service, then further proceedings will continue from that stage. The Petitioner has also challenged the Order dated 16.11.2006 passed by the Appellate Authority as contained in Annexure - P16 whereby and where under the Appeal of the Petitioner against the Order of compulsory retirement was rejected.
(3.) From the charges levelled as against the Petitioner, it is evident that while one S. K. Biswas, Deputy Commandant, was briefing the B. Shift duty personnel at about 12.50 hours on 4.10.2005, the Petitioner was also present. As per the allegations, the Deputy Commandant had instructed that no one should carry any Bag (Jhola) for carrying tiffin box and water bottle during duty hours as it did not look good in uniform. It is alleged that the Petitioner disregarded and began arguing in an indisciplined manner with a loud voice and said that he would carry the Bag (Jhola). He then marched before the Senior Commandant and while the Deputy Commandant was reporting this fact to him, the Petitioner, in an indisciplined, indecent and in a high pitched voice said "MAIN C. O. SAHAB SE BAAT KAR RAHA HUN, AAP C. O. SAHAB KO KYUN PIN MARTA HAIN V According to the allegations, the Petitioner therefore had exhibited an act of gross indiscipline, misconduct and insubordination. Apart from the aforesaid, the other charge was that he was absent from duty on earlier occasions, misbehaved with an Inspector as well as a Constable and had used unparliamentary language had left the duty-place unmanned etc. Let it be recorded that these charges were mentioned under Article 2 and it shows that punishments were already inflicted upon him on earlier occasions.;