HIMANSHU VERMA Vs. THE UNION OF INDIA AND ORS.
LAWS(JHAR)-2016-3-23
HIGH COURT OF JHARKHAND
Decided on March 16,2016

Himanshu Verma Appellant
VERSUS
The Union of India and Ors. Respondents

JUDGEMENT

Pramath Patnaik, J. - (1.) In the accompanied writ application, the petitioner has inter alia, prayed for quashing final order dated 19.02.2008 (Annexure 2) passed by the disciplinary authority -respondent No. 3 pertaining to punishment of removal from services and for quashing of the appellate order dated 30.04.2008 (Annexure 3) passed by respondent No. 4 and also the revisional order dated 28.11.2008 (Annexure 6) passed by respondent No. 5 rejecting the revisional application of the petitioner and confirming the order of the disciplinary and appellate authority and also for direction upon the respondents to give all consequential benefits.
(2.) Heard Mr. B.K. Dubey, learned counsel for the petitioner and Mr. Binod Singh, learned counsel for the respondents -State and perused the documents available on record.
(3.) Sans details, the facts as described in the writ application, in a nutshell is that the petitioner being an employee of CISF while posted at Tripler Belt Area of Dhanbad chased away the miscreants indulged in rampant smuggling of coal. It is alleged that on the basis of one false and concocted story, one Namita Bouri lodged an F.I.R. alleging commission of rape against the petitioner. Thereafter, the petitioner was put under suspension w.e.f. 13.06.2007 vide order dated 19.06.2007 and on 01.09.2007, the petitioner was served with a memo of charge containing three article of charge. Pursuant thereto, the petitioner submitted written statement dated 11.09.2007 denying imputation of charges. Thereafter, the disciplinary authority appointed a Presenting Officer, who during departmental proceeding examined 7 prosecution witnesses, all members of the force, 2 Court witnesses and petitioner was also examined and prepared the enquiry report and found the charges levelled against the petitioner to be proved and placed the same before the disciplinary authority, who after serving the copy of inquiry report to the petitioner and considering the reply submitted by petitioner passed the final order awarding the punishment of removal from services, which has been confirmed by the appellate as well as by revisional authority.;


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