- (1.) Ex-Constable Harender Singh has approached this Court under Article 226 of the Constitution of India assailing the order dated 1.2.1999 passed by respondent no. 4 as well a the appellate order dated 3.4.1999 passed by respondent no. 3 whereby the petitioner was removed from the service. The brief facts of the case, inter alia, are that the petitioner was posted as Sepoy in C.I.S.F. at Bokaro Steel Plant; petitioner was allotted Quarter No. 1495 of Sector XI-C at Bokaro; on 26.9.1998, there was quarrel between the wife of the petitioner and the wife of Kamlesh Kumar, Cook, who are residing in the same building in different quarters; petitioner was asked, vide order dated 28.9.1998, to vacate the quarter in question; petitioner failed to vacate the quarter in question, thereafter he was chargesheeted and disciplinary proceedings were initiated against him.
(2.) As per the charge memorandum, the petitioner was charge sheeted for the following five charges: Article of charge-I No. 892294004 Constable Harender Singh (U/S) of 'J' Coy. CISF Unit, BSL Bokaro residing in Qtr No. 1495 of Sector XI-C, along with his family quarreled with No. 904450125 Cook Kamlesh Kumar and his wife who are residing in Quarter No. 1497 of Sector XI-C on 26.9.98 at about 1950 hrs. Thus he has disturbed the peace and tranquility of the housing colony. This act on the part of Constable Harender Singh amounts to misconduct and indiscipline. Article of charge-II No. 892294004 Constable Harender Singh (U/S) of 'J' Coy. CISF Unit, BSL Bokaro refused to receive the quarter vacation order dated 28.9.98 at about 1235 hrs on 29.9.98 issued by the competent authority. The said act on the part of Constable Harender Singh amounts to gross misconduct, indiscipline and disobedience of lawful orders. Article of charge-III No. 892294004 Constable Harender Singh (U/S) of 'J' Coy. CISF Unit, BSL Bokaro refused to vacate the quarter no. 1495 allotted to him in Sector XI-C and thus failed to carry out the lawful order of the competent authority. The said act on the part of Constable Harender Singh amounts to gross misconduct, indiscipline and disobedience of lawful orders. Article of charge-IV No. 892294004 Constable Harender Singh (U/S) of 'J' Coy. CISF Unit, BSL Bokaro while on duty on 23.9.98 from 0500 hrs. to 1700 hrs. at Gate No. 3 of Adm. Building assaulted one milk vendor named Shri Dhari Chand Rai at about 0900 hrs. on 23.9.98. This act on the part of Constable Harender Singh amounts to gross misconduct and indiscipline. Article of charge-V No. 892294004 Constable Harender Singh (U/S) of 'J' Coy. CISF Unit, BSL Bokaro failed to improve his conduct inspite of awarding several punishments and continued to commit acts of misconduct and indiscipline.
(3.) The enquiry officer, on the basis of the materials available on record before him, has observed that although on 26.9.1998 when quarrel took place between the wives of the petitioner and Kamlesh Kumar Cook the petitioner was not present on the spot and was on "C" shift duty and was called back from the duty. The enquiry officer has also observed that the order dated 28.9.1998 asking the petitioner to vacate the quarter in question was received by the petitioner from the office of Coy Commandant on 29.9.1998 and having received the quarter vacation order, petitioner said to the Coy Commandant that he will speak to the senior officers as to why he is being asked to vacate the quarter. The enquiry officer has also observed that there is no eye witness of the incident that the petitioner has slapped Shri Dhari Chand Rai, milk vendor and thrown his milk on the road. He has also observed that neither Shri Dhari Chand Rai nor owner of the canteen ever appeared before him to corroborate the incident. However, the enquiry officer, Dy. Commandant, CISF Unit, BSL, Bokaro, has concluded that all the five charges stand proved against the petitioner. Copy of the departmental enquiry proceeding is Annexure B to the supplementary counter affidavit filed by Mr. Kalra, Senior Commandant, CISF Unit, HEC, Ranchi. Thereafter respondent no. 4 has passed the impugned order dated 1.2.1999 and statutory appeal filed by the petitioner was dismissed vide order dated 3.4.1999.;