ASHIS KUMAR CHAKRABORTY, J. - (1.) In this writ petition, the petitioner who was a constable of Central Industrial Security Force (in short "CISF") posted at Unit CPM Panchgram has prayed for setting aside of the order dated May 29, 2006 passed by the Group Commandant, CISF Group HQRS, Guwahati as the disciplinary authority imposing penalty of removing him from service, the order dated July 28, 2006 passed by the Deputy Inspector General/NEZ, as the appellate authority affirming the said decision of the disciplinary authority and the final order dated August 23, 2007 passed by the Insp General / NEZ, being the revisional authority upholding the said decisions of the disciplinary authority and the appellate authority.
(2.) The relevant facts of the case are that in May , 2005 the petitioner was serving as the constable of CISF posted at the CISF Unit CPM Panchgram in the State of Assam. On October 31, 2005 the Group Commandant, CISF Group HQRS, Guwahati issued a memorandum informing the petitioner that an enquiry is proposed to be held against him with regard to three charges mentioned in the statement of article of charges annexed thereto. The petitioner was directed to submit his written statement of his defence against the said charges. The first charge levelled against the petitioner was that while he was detailed for 'B' shift duty on July 29, 2005 from 13.00 hrs. to 21.00 hrs. at New Gate duty post (hereinafter referred to as "the said duty post"), he was found under influence of alcohol and not performing his duty properly disobeying the instruction of his senior HC/GD S. Hazra who was also deployed with him at the said duty post, he was withdrawn from the said post by deploying another constable in his place and the said act of the petitioner amounts to gross misconduct, indiscipline, dereliction of duty and unbecoming of a member of a disciplined force like CISF. The second charge levelled against the petitioner was that on July 29, 2005 while he was being taken to the hospital for medical examination, he abused the Insp/Exe Rahatu Lal by using impolite and filthy language and also threatened him for life consequence in presence of other CISF personnel, the doctor of the hospital confirmed his intoxicated condition and the said act of the petitioner amounted to grave misconduct, indiscipline and unbecoming of a member of a disciplined force like CISF. The third charge was that the petitioner was not amenable to discipline and had not improved his conduct as expected from a member of the disciplined force in spite of having been panalised/punished earlier on thirteen occasions for his incorrigible habits, during his 14 years of service and thus he is a habitual offender. Along with the said memorandum dated October 31, 2005, the statement of article of charges framed against the petitioner, together with the statement of imputation of misconduct and misbehaviour in support of the articles of charges framed him, as also the list of documents on the basis of which the charges were framed and the list of witnesses through whom the charges framed against the petitioner were proposed to be sustained, were all forwarded to the petitioner.
(3.) On December 05, 2005 the petitioner filed his written reply to the said charge memorandum dated October 31, 2005 denying the charges levelled against him. The authority, however, did not find the said reply of the petitioner to be satisfactory and a decision was taken to hold a full -fledged regular departmental enquiry against the petitioner. Accordingly the Deputy Commandant of CISF Unit, CPM Panchgram was appointed as an enquiry officer, the Group Commandant, CISF Group HQRS Guwahati was appointed as the disciplinary authority and the SI/Exe of CISF Unit Panchgram was appointed as the presenting officer, respectively. In the enquiry proceeding held by the enquiry officer, the 11 witnesses mentioned in the list of witnesses forwarded to the petitioner adduced evidence and all the 9 documents mentioned in the list of documents forwarded to the petitioner by the said memorandum dated October 31, 2005 were also proved and exhibited by the prosecution witnesses. The Inspector Rahatu Lal adduced evidence as PW -1, the Sub -Insp S. Sarvanan adduced evidence as PW -2, the Assistant Sub -Insp G.P. Deondi adduced evidence as PW - 3, ASI V.K. Thakur adduced evidence as PW - 4, Head Constable B.T. Ghosh adduced evidence as PW - 5, Head Constable B.M. Nanjappa adduced evidence as PW - 6, the Head Constable Sanjoy Hazra adduced evidence as PW -7, Head Constable D.C. Sekharan adduced evidence as PW - 8, Constable J.S. Baidya adduced evidence as PW - 9 and Assistant Sub -Insp Anil Tirkey (In charge of Document Section) adduced evidence as PW - 10. Through the said prosecution witnesses, the 'B Shift Duty Deployment Register' dated July 29, 2005, 6 General Diaries recording the allegations relating to the charges levelled against the petitioner and the medical prescriptions slip dated July 29, 2005 of CISF Unit CPM Panchgram/HPC Hospital dated July 29, 2005 were all proved and exhibited. The petitioner asserted that his written reply dated December 05, 2005 be treated as his defence in the enquiry proceeding. However, in spite of opportunity granted to him, the petitioner did not adduce any evidence either by himself or through any witness before the enquiry officer. He also refused to take help of any serving member of the Force to assist him in the enquiry. The statements of all the prosecution witnesses were recorded in presence of the petitioner and each of the exhibits produced by the prosecution witnesses were taken on record only after showing the same to the petitioner, which he acknowledged by putting signature on each of the said exhibits. The petitioner was also allowed the cross -examine each of the ten prosecution witnesses, but he cross -examined only ASI/Exe G.R. Deondi (PW -3) and declined to cross -examine the remaining nine prosecution witnesses.;