- (1.) PETITIONER , in this writ application, has prayed for quashing the order dated 27.05.1995 (Annexure -3), passed by the Respondent No. 3, whereby the petitioner was dismissed from his service and also for quashing the order dated 06.10.1995 (Annexure - 5), passed by the appellate authority -Respondent No. 2, whereby the appeal filed against the order of dismissal was dismissed.
(2.) THE petitioner was appointed as a Constable under the C.I.S.F. and was posted at the C.I.S.F. Unit, B.C.C.L., Jharia. On 30.01.1995, he was served with a chargesheet, issued by the Respondent No. 3. The chargesheet contained two separate articles of charges which are as under: - "Article of Charge No. 1 No. 844360647 Const. Deep Chand of Bhalgora Post, Area No. VIII, CL Unit, BCCL, Jharia is charged with misconduct, indiscipline and negligency of duty in that he replaced 04 Rounds of 7.62 of Lot year 1992 with 04 rounds of 7.62 Lot Year 1987 on 04.12.94 while he was on Cash Guard duty as a guard Commandant Bhalgora Post. Article of Charge No. II No. 844360647 Const. Deep Chand of Bhalgora Post, Area No. VIII, CL Unit, BCCL, Jharia is charged with misconduct, Indiscipline and dereliction of duties in that he was found absent from duties on following occasions without any information/permission of competent authority: - 1. On 04.02.1994 between 1230 hrs to 0615 hrs on 5.12.94 2. On 05.12.94 between 0900 hrs to 2046 hrs. 3. He was again absent from ˜C' shift on 05.12.94 2100 hrs to 05 hrs on 06.12.94." Not being satisfied with the explanation offered by the petitioner, a departmental proceeding was initiated against him after putting him under suspension. After concluding the enquiry in which the petitioner was allowed to participate, the enquiry Officer submitted his Report holding that the charges were proved against the petitioner. On the basis of the Enquiry Report the Respondent No. 3 issued a show cause notice to the petitioner enclosing therewith a copy of the enquiry report calling upon the petitioner to submit his explanations as to why he should not be awarded the punishment of dismissal from service.
(3.) THE petitioner submitted his explanation by way of his show cause replies.;