- (1.) This appeal has been preferred against the judgment and order delivered by the learned Single Judge in a Writ Petition (Civil) No. 7878 of 2012 dated 9.7.2013 whereby the writ petition preferred by this appellant has been dismissed.
(2.) Brief Facts of the case are as under: The appellant is a member of Central Industrial Security Force. He was assigned duty of petrolling from 08.00 hours on 27.10.1995 at CISF Contingent, ECW Bhojudih. During surprise checking, at about 14.30 hours, it was found that in his presence, in his duty area, trucks were engaged for loading coal unauthorizedly from freshly generated sink dumps. There is a charge levelled against this appellant by the Union of India in a charge sheet which is dated 4.5.1996 that conduct of this appellant tantamounts to mis-conduct, negligence and dereliction of duty being a member of Armed Force. This appellant had given a reply. Departmental proceeding was conducted and inquiry report was submitted and Disciplinary Authority passed an order of Compulsorily Retirement dated 26th May, 1997. Against which, the appeal was preferred by this appellant before Departmental Appellate Authority and the said appeal was dismissed vide order dated 11th February, 1998. Against this order, this appellant had preferred a Revision application before the Departmental Revisional Authority. This revision application has also been dismissed by the Departmental Revisional Authority vide order dated 19th March, 2002. Against this consistent findings of fact, this appellant preferred W.P.(S) No. 7878 of 2012, which was heard at length and dismissed on merit by a detailed speaking order dated 9.7.2013 by the learned Single Judge. Against which, the present LPA has been preferred by the original petitioner.
(3.) It is submitted by the learned counsel appearing for appellant that the learned Single Judge has failed to appreciate that for the charges levelled against this appellant on criminal side, there is acquittal and for the same charges no departmental proceeding can be initiated. It is further submitted that this appellant has already been acquitted from the criminal charges by the competent criminal trial court and hence conclusion arrived at in the departmental proceeding deserves to be quashed/set aside. The Respondent-Union of India could not establish the charges levelled against this appellant and this aspect of the matter has not been properly appreciated by the learned Single Judge, and hence the judgment and order passed by the learned Single Judge in a Writ petition(Civil) No. 7878 of 2012 deserves to be quashed/set aside. It is further submitted by the learned counsel for the appellant that there is no dereliction of duty on the part of this appellant and he was in service since last 26 years and not a single occasion, any charge sheet has been submitted nor any misconduct is ever been committed by this appellant, and therefore also, the judgment and order passed by the learned Single Judge in a writ petition No. 7878 of 2012 deserves to be quashed/set aside.;