ALOK SINGH, J. - (1.)
(2.) PETITIONER , Ex -Sepoy in the Central Industrial Security Force, is assailing the order dated 28.06.1999 passed by disciplinary authority, removing the petitioner from the service, as well as, the order dated 24.01.2001, whereby statutory appeal of the petitioner was dismissed. Petitioner was charge sheeted on 17.02.1999. Charges are being reproduced hereunder: Charge No. -I That No. 944521731 Const. L.N. Singha of HQ. Coy CISF Unit CCWO Dhanbad while detailed in 'B' shift duty on 29.1.99 from 1300 hrs to 2100 hrs at Garrage - Canteen Patrolling, withdrew himself from duty area from 1800 hrs to 1830 hrs without any information/permission of competent authority. Thus, Const. L.N. Singha committed an act of misconduct and dereliction of duties which is highly prejudicial to the good order and discipline of the Armed Force. Charge No. -II That No. 944521731 Const. L.N. Singha of HQ. Coy CISF Unit CCWO Dhanbad while detailed in 'B' shift duty from 1300 hrs to 2100 hrs on 29.1.99 at Garrage - Canteen Patrolling, consumed alcoholic liquor during duty hours and in the state of intoxication went to Steel Gate Market at about 1805 -1830 hrs and created public nuisance there tarnishing the image of the Force in the eyes of public. Due to his unconscious condition under influence of liquor, he was withdrawn from duty at 1900 hrs vide Hqrs G.D. No. 331 dated 29.1.99 since he was not in a position to perform his duties. The above acts on the part of Const. L.N. Singha amounts to gross misconduct and dereliction of duties which is highly prejudicial to the good order and discipline being a member of the Armed Force of the Union. Charge No. -III That No. 944521731 Const. L.N. Singha of CISF Unit CCWO Dhanbad has been awarded 08 (eight) minor punishments (i.e. withholding of increment -2, pay Fine -5 and Censure -1) during his short span of service (4 years) for his misconduct, indisciplined activities and dereliction of duties. He has been provided with sufficient opportunities to improve his conduct and discipline but he failed to show any reasonable improvement and repeatedly indulged himself in indisciplined activities and proved himself be to an incorrigible element. His habitual misconduct and dereliction of duties are prejudicial to the good order and discipline being a member of the Armed Force of the Union. Enquiry Officer, while dealing with Charge No. -II, has recorded finding of facts, which reads as under: Further, it is also revealed from the statement of PWs that no one PWs have seen that the charged official in the state of intoxication, went steel gate and created public nuisance. In this regard, it is revealed that the medical examination has also not done by the PW -I or PW -II so without the documentary evidence and the statement of the PWs and evidence, it is not proved that the charged official had consumed liquor on duty hours and created the nuisance in the public. Hence, the charge -II levelled against the charged official has not proved due to insufficient ground/evidence.
(3.) THEREAFTER , a show cause notice was issued to the petitioner along with the copy of Enquiry Report on 15/16 April 1999. Thereafter, disciplinary authority has passed the impugned order. Statutory appeal filed, was also dismissed, vide order dated 24.01.2001.;