Bhaskar Bhattacharya, J. - (1.) By this writ application, the writ petitioner, an employee of the Central Industrial Security Force ("C.I.S.F."), has challenged Appellate order being No. V - 11014/87/2000/App./AD-II/BP/2000/7754 dated December 30, 2000 passed by the Deputy Inspector General NEZ and served upon the petitioner on July 12, 2001 upholding the final order being Memo No. 15014/9/ONGS(J)/DISC/BP/2000-934 dated September 25, 2000.
(2.) It appears from the record that the respondents/Authorities had issued the following charges memorandum under Rule-34 of the C.I.S.F. Rules, 1961: "That No. 814250042 HC/GD Badal Pal of C.I.S.F. Unit O.N.G.C., Jorhat (HQ Coy.) unauthorisedly entered into the house of W/Cr. P. Guha in his absence and he caught hold hand of Smt. Mithu Guha, wife of W/Cr. P. Guha and forcibly took her inside his home and attempted to molest her on 10.6.2000 at 19:00 hrs. and again on 12.6.2000 at 13 hrs.The above acts on the part of No. 8142500 HC/GD Badal Pal constitute gross misconduct, indiscipline and highly unbecoming of a member of Armed Force like C.I.S.F."
(3.) It further appears from the record that the following statement of imputation of alleged misconduct or misbehavior in support of the aforesaid article of charge was given to the petitioner: "That No. 8142500 42HC/GD Badal Pal (U/S) of CISF Unit O.N.G.C., Jorhat was residing at the 2nd Floor Quarter in the building of Old Welfare Centre, Rajabari, Jorhat where W/Cr.P. Guha is also staying. On 09.6.2000 W/Cr. P. Guha was admitted in the Hospital due to his chest pain. On 10.6.2000 at about 19.00 hrs. HC/GD Badal Pal entered inside the house of W/Cr. P. Guha seeing his wife Smt. Mithu Guha alone in her house. He caught hold the hand of Sint. Mithu Guha, wife of W/Cr. P. Guha, forcibly took her to his house and indulged for dishonest act and asked her to compromise with him. Somehow, Smt. Mithu Guha managed to escape from the grip of HC/GD Badal Pal and came to her Quarter. On 12.6.2000 at about 13-00 hrs. 42 HC/GD Badal Pal again entered into the house of W/Cr. P. Guha and committed similar offence with the wife of W/Cr. P. Guha. But he could not succeed because she shouted for help and immediately HCGD Badal Pal ran away from the house. This act on the part of No. 8142500 HC/GD Badal Pal constitute gross misconduct, indiscipline and conduct highly unbecoming of a member of Armed Force like CISF." (Empahsis supplied);