Paritosh Kumar Mukherjee, J. - (1.) This writ petition is being opposed on behalf of Central Industrial Security Force authority.
(2.) It appears from the writ petition that Shib Kumar Roy, appointed under Central Industrial Security Force, was proceeded departmentally and a final order of dismissal dated August 29, 1989, has been passed in respect of the Petitioner.
(3.) The following charges were framed against the writ Petitioner under Rule 34 of the Central Industrial Force Rules, 1969, which are set out hereinbelow: Article No. I An act prejudicial to good order of discipline in that whereas the said L/NK S.K. Roy, on termination of Refresher Course as Ad hoc Recruits Training Centre, CISF DSP, Durgapur, was issued with a Movement Order on 8.3.89 (FN) from the Training Centre, directing him to report at Intelligence Branch, he did not report to Intelligence Branch and thereby disobeyed the lawful orders of his superior officers, in violation of Sec. 18 of CISF Act, 1968. Article No. II An act prejudicial to good order of discipline in that No. 7531187 L/NK S.K. Roy unauthorisedly absented from his duty without leave or permission of the competent authority and deserted from the Unit w.e.f. 8.3.89 (FN) and continues to remain so without sufficient or reasonable cause, in violation of Sec. 18 of CISF Act, 1968. Article No. III (Supplementary Charge) That the said L/NK S.K. Roy is habituated to absenting without leave, and unauthorized overstaying leave, as is evident from his previous record of service. Should the charges contained in Articles I and II above be proved in course of enquiry, his past record of service will be taken into account.;