M.Y.EQBAL, J. - (1.) THE petitioner has prayed for issuance of a writ of certiorari for quashing the order of punishment passed by the respondents as Disciplinary Authority as also the appellate authority whereby the petitioner has been removed from service after holding departmental inquiry.
(2.) THE petitioner is a constable in CISF unit BLSM, Bhawnathpur. In 1994 he was served with a memo of charge dated 23.11.1994 by the Commandant. The charges are as follows: Article -I. ''Gross misconduct and indiscipline in that No. 874580044 Const. R.M.N. Singh of CISF Unit, BLSM, Bhawanatpur while undergoing rotational training at CISF Unit BSL Bokaro, at about 21.51 hrs. on 30.9.1994 threatened Const L. Tirkey of Crime Section by pointing out a long knife (gupti) with dire consequences. Article -ll. ''Gross indiscipline and misconduct in that No. 874580044 Const. R.M.N. Singh of CISF Unit, BLSM, Bhawanatpur, while undergoing rotational training at CISF Unit BSL Bokaro, at about 21.15 hrs. on 30.9.1994 he threatened and terrorized Const. L. Tirkey of Crime Section stating that he will kidnap his wife and children. "Article -Ill. ''According to the Service Book the No. 874580044 Const. R.M.N. Singh had been awarded 1 number of major and 12 number of minor punishments for various delinquencies. He is a proclaimed offender of absenting from duty post. Cannot become a good Constable." The petitioner submitted his reply which was not found satisfactory and an Inquiry Officer was appointed for conducting inquiry. The Inquiry Officer submitted his report to the effect that the charges levelled against the petitioner have been proved. The disciplinary authority on the basis of the inquiry report issued show cause notice to the petitioner and finally held that the finding of the Inquiry Officer has been recorded in accordance with the rules and procedures and order of punishment by way of removal from service has been passed. The petitioner preferred appeal before the appellate authority which was finally dismissed and the order of removal from service of the petitioner was affirmed.
(3.) MR . M. Khan, learned counsel appearing on behalf of the petitioner assailed the impugned order of punishment as being illegal and perverse in law. Learned counsel submitted that the charges levelled against the petitioner are only of giving threats to Mr. L. Tirkey of SIW Section. No overt act was actually committed by the petitioner nor any loss or injury was actually caused to any person. Learned counsel further drew my attention to relevant paragraphs of the inquiry report and submitted that even the prosecution witnesses have admitted in their cross -examination that they did not identify the person who actually threatened Mr. L. Tirkey. On the basis of solitary evidence of Mr. Tirkey the Inquiry Officer recorded a positive finding against the petitioner.;