Samapti Chatterjee, J. - (1.) THE petitioner filed the present writ petition for quashing the departmental proceedings including the final order dated 11th February, 2000 issued by Commandant/ADM CISF Unit DSP, Durgapur.
(2.) IT is submitted that when the petitioner was employed in Central Industrial Security Force (hereinafter referred as CISF) and posted at CISF Unit, Durgapur Steel Plaint he was issued with a memorandum of charges under Rule 34 of CISF Rules 1969 by the Commandant, CISF Unit, Durgapur Steel Plant on 25th October, 1999. The memorandum of charges are quoted below: - "STATEMENT OF ARTICLE OF CHARGES FRAMED AGAINST No. 901310837 CONSTABLE MOHAN SUBBA OF CISF UNIT DAP DURGAPUR. ARTICLE -I "That No. 901310837 Constable Mohan Subba of CISF Unit, DSP Durgapur did not turn up for "C" shift duty on 28.02.99 as well as remained absent from Unit lines w.e.f. 28.02.99 to 05.03.99 without any prior permission form/intimation to the competent authority. This act on the part of No. 901310837 Const. Mohan Subba tantamounts to gross misconduct, indiscipline and dereliction of duty, he being the member of a disciplined Armed Force i.e. CISF". ARTICLE -II "That No. 901310837 Constable Mohan Subba of CISF Unit, DSP Durgapur deserted the Unit lines on 10.03.99 and thereby remained absent from 10.03.99 to 13.03.99 unauthorisedly. This act on the part of No. 901310837 Const. Mohan Subba tantamounts to gross misconduct, indiscipline and dereliction of duty, he being the member of a disciplined Armed Force i.e. CISF." ARTICLE -III "That No. 901310837 Constable Mohan Subba of CISF Unit, DSP Durgapur deserted the Unit lines on 12.05.99 and remained absent w.e.f. 12.05.99 to 13.07.99 unauthorisedly. This action the part of No. 901310837 Constable Mohan Subba tantamounts to gross misconduct, indiscipline, dereliction of duty and unbecoming of the member of a disciplined Armed Force i.e. CISF". ARTICLE -IV "That No. 901310837 Constable Mohan Subba of CISF Unit, DSP Durgapur is inculcating the incorrigible habit of committing offence and he has been awarded 05 minor penalties in the past on the various occasion during his short span of service in CISF. This act on the part of No. 901310837 Const. Mohan Subba tantamounts to unbecoming of the member of a disciplined Armed Force i.e. CISF". COMMANDANT (ADM)CISF UNIT DSP DURGAPUR" Thereafter, Sri P.K. Ghosh Deputy Commandant was appointed as Enquiry Officer. It is submitted that the Deputy Commandant conducted the enquiry whimsically and found that the allegations leveled against the petitioner has been proved. The said enquiry report was communicated to the petitioner on 21st December, 1999 by the Commandant. Thereafter the disciplinary authority by final order dated 11th February, 2000 imposed punishment upon the petitioner for removal from the service.
(3.) THEREAFTER being aggrieved the petitioner preferred appeal before the Deputy Inspector General, CISF, Durgapur Steel Plant being the appellate authority and the appellate authority vide the order dated July 22, 2000 also rejected the petitioner's appeal thus affirming final order passed by the disciplinary authority.;