- (1.) Heard counsel for the parties.
(2.) By order dated 13th April 1999 (Annexure-3) passed by the Disciplinary Authority-cum- Commandant, CISF, Bokaro (Respondent No. 5), the petitioner has been dismissed from service. By order dated 03rd August 1999 / 23rd August 1999 (Annexure-4 series), his appeal has been rejected by the Appellate Authority-cum-Deputy Inspector General, CISF, Bokaro (Respondent No. 4). The respondent no. 3- Inspector General, CISF, Bihar has rejected the revision preferred by the petitioner by order dated 13th June 2000 / 14th June 2000 (Annexure-6/A. These orders are impugned in the present writ application by the petitioner.
(3.) The short facts of the case relevant for determination of the issue raised in the present writ application, are as follows: The petitioner was a constable working under the Central Industrial Security Force (CISF) at the relevant point of time at Bokaro in October 1998 when he was served with a charge sheet dated 9th October 1998 containing the following charges. Charge No. I - That during the course of C Shift duty on 12.08.1998 from 2100 hrs to 0500 hrs on 13.08.1998, the petitioner recorded four times in the register kept at the Patna Railway Gate ofhis rounds, although he had taken the two rounds. The said fact was reported by ASI / Exe Sahi Ram vide GD Entry No. 417 dated 13.08.1998 at 0430 hrs at Gate No. 6. Charge No. II - The petitioner threatened the ASI Sahi Ram with dire consequence at 2040 hrs on 13.08.1998 to withdraw the complaint lodged by him against the petitioner vide GD Entry No. 417 dated 13.08.1998. The aforesaid fact of criminal intimidation was recorded at 2120 hrs on 13.08.1998 by ASI Sahi Ram. Charge No. III - Inspector / Exe V.M. Jha, Coy Commandar 'E' Coy was asked to conduct an inquiry into the allegation levelled by the ASI/ Exe Sahi Ram against the petitioner in respect of charge nos. 1 & 2. On 22.08.1998 while he went for checking at duty points manned by the personnel of his Coy and reached slag weigh bridge duty post around 0340 hrs, the petitioner was deployed for duty there. He recorded alertness on the part of the petitioner in the Beat Book. However, in the meantime, the petitioner without any provocation, questioned the propriety of inquiry conducted by the Inspector V.M. Jha against him on the basis of the complaint lodged by ASI Sahi Ram. Thereafter, all of a sudden, he started beating the Inspector V.M. Jha with a lathi he was carrying and caused serious injuries on his both hands.;