BIMAL SINGH GHALE Vs. UNION OF INDIA THROUGH SECRETARY, HOME AFFAIRS, DEPARTMENT OF HOME
LAWS(JHAR)-2013-4-137
HIGH COURT OF JHARKHAND
Decided on April 12,2013

Bimal Singh Ghale Appellant
VERSUS
Union Of India Through Secretary, Home Affairs, Department Of Home Respondents

JUDGEMENT

- (1.) Challenging the order of removal from service dated 1.8.2002 and the appellate order dated 17.12.2002, the petitioner has filed the present writ petition. The petitioner was appointed as Constable in Central Industrial Security Force on 20.2.1998 and he was posted at C.I.S.F. Unit, B.S.L., Bokaro on 11.9.1994. The petitioner while working with B.S.L., Bokaro was looking after the work relating to the Canteen allowances and other related claims. On 19.2.2002, a Charge Memo was served upon the petitioner on the allegation that he had wrongfully misappropriated Rs. 2,00,193/-. The petitioner was suspended since 26.11.2001. After the enquiry, order of punishment dated 1.8.2002 was passed against the petitioner and the appeal preferred by the petitioner was also rejected by order dated 17.12.2002, whereby (sic) order of removal from service has been confirmed by the appellate authority.
(2.) A counter-affidavit has been filed on behalf of the Respondents, in which, it has been specifically averred that during the course of departmental enquiry, 13 prosecution witnesses and one court witness were examined in presence of petitioner and the petitioner was given ample opportunity to cross-examine them. A copy of the enquiry report was supplied to the petitioner on 8.7.2002 and the petitioner submitted his final representation on 25.7.2002, wherein he did not produce anything substantial in his defence. On a consideration of the materials on record, the order of penalty of removal from service was passed against the petitioner.
(3.) Heard counsel for both the parties and perused the documents on record.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.