- (1.) In the aforesaid writ application, the petitioner has inter-alia prayed for issuance of a writ of certiorari for quashing the final order dated 29.07.2002 (Annexure-7) passed by the Commandant, CISF H.E.C. Ranchi pertaining to the order of dismissal from services and order passed in Appeal dated 15.03.2003/02.04.2003 (Annexure-9) by the Appellate Authority and also order of revision dated 5th March, 2004 (Annexure-11).
(2.) The facts as emanated from the averments of the writ application, in a nutshell, is that the petitioner was appointed by the competent authority as a constable under Central Industrial Security Force and was posted at C.I.S.F unit of Heavy Engineering Corporation Ltd. Ranchi. While continuing as such, on 15.10.2001 a complaint was made against the petitioner by the firing point officer that the petitioner was found in drunken conditions and was advised to deposit his rifle, but, he did not obey the lawful order given to him by his superior officer. On the basis of said complaint, a disciplinary proceeding was contemplated against the petitioner exercising powers conferred under sub-rule (1) of Rule 30 of CISF Rules 1969 the petitioner was suspended with immediate effect. On 07.01.2002 a memorandum of charge sheet was served upon the petitioner with a direction for submitting the written statement within 10 days of the receipt of this memorandum. In pursuance to memorandum of charges, the petitioner submitted his reply on 08.02.2002. However, the respondents appointed an enquiry officer to enquire into the charges levelled against the petitioner, who submitted enquiry report on 19.06.2002 vide Annexure-4 to the writ application. During course of inquiry, the petitioner cross examined the P.Ws 1, 2, 7 and 9 during the course of recording statements in enquiry trial. However, P.Ws 3, 4, 5, 6 and 8 were not cross examined by the petitioner. It is submitted that none of the witnesses has confirmed that they have observed that the petitioner was seen in drunken conditions. It is submitted that medical enquiry was ordered by Assistant Commandant and accordingly, the petitioner was carried to the Sadar Hospital. It is further submitted that medical examination of the petitioner was also done, in which, it has been declared that he can completely control himself. However, the petitioner was not physically examined. Thereafter, basing on the inquiry report, final order dated 29.07.2002 vide Annexure-7 terminating the petitioner from the services was passed. Against the order of termination/dismissal the petitioner preferred an appeal before the Appellate Authority i.e. Deputy Inspector General CISF HEC Ranchi and the Appellate Authority dismissed the appeal filed by the petitioner on 15.03.2003 confirming the order of dismissal passed by the Disciplinary Authority. Being aggrieved by the order, the petitioner filed revision petition before the revisional authority who dismissed the revision petition vide order dated 05.03.2004 as per Annexure- 11 to the writ application.
(3.) Being aggrieved by the order of dismissal/termination passed by the disciplinary authority being confirmed by the Appellate as well as Revisional Authority the petitioner left with no other alternative, efficacious and speedy remedy has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for redressal of his grievances.;