Amrita Sinha, J. - (1.) The petitioner filed the instant writ petition praying for setting aside the order of punishment dismissing the petitioner from service passed by the disciplinary authority on 30th September, 2008 and affirmed by the appellate authority on 14th November, 2008.
(2.) The petitioner was a constable of Central Industrial Security Force (CISF). A charge sheet was issued against him on 21st January, 2008 under the following charge: "An act prejudicial to good order and discipline of the Force is that No. 921401890 Constable Alauddin Mir (U/S), RJMI, Camp of CISF Unit ECL, Seetalpur was detailed in "B" shift duty from 1300 hrs to 2100 hrs on 14.12.2007 at R S 16 Cable Transformer duty post of RJML OCP. During his duty hours miscreants succeeded to take away 116 Mtrs. of Cable with coupling, approximate cost of which is Rs.1,41,000/- (Rupees one lac forty one thousand only) and also reportedly snatched the Walkie-Talkie from his possession. He did not utilize the services of Walkie-Talkie for help while on duty thereby facilitated the miscreants to take away the Cable and cooked up the story of snatching of Walkie-Talkie which was recovered by the police on 15.12.07 about one (01) KM away from R S 16 duty post acting on a telephonic information from someone which clearly indicates his connivance/involvement in the incident. The above act on the part of No. 921401890 Constable Alauddin Mir tantamount to gross misconduct, negligence, dereliction of duty unbecoming of a member of disciplined Force like CISF."
(3.) An inquiry officer was appointed to conduct the inquiry. The statements of the petitioner as well as the witnesses were recorded. The petitioner was given enough opportunity to disprove the charges levelled against him. He was given an opportunity to cross-examine the witnesses. The inquiry officer prepared his report and handed over a copy of the same to the petitioner. An opportunity to submit written representation against the report of the inquiry officer was also given to the petitioner and the petitioner submitted his written representation against the said inquiry report. The report of the inquiry officer along with the representation made by the petitioner against the same was placed before the disciplinary authority who after considering all the facts, the evidences of the witnesses and other relevant documents passed an order of penalty of dismissal from service with immediate effect on 30th September, 2008.;