AJIT KUMAR SINHA, J. - (1.) THE present writ petition has been preferred for the following reliefs: (i) To quash the order dated 02.07.2002 passed by Commandant, C.I.S.F. Unit Patratu vide final order No. V -15014/ClSF/PTPS/Disc/02/563 dated 02.07.02 whereunder the Commandant has passed Die order for dismissal from service against the petitioner. (ii) To quash the appellate order dated 02.01.03 passed by die respondent No. 4, Deputy Inspector General, C.I.S.F., Eastern Zone, Patna, whereby and where under the appeal of the petitioner has been rejected and the final order aforesaid has been confirmed. (iii) To declare the orders passed as aforesaid to be grossly Illegal, arbitrary and highly excessive and disproportionate to the charges.
(2.) THE facts, In brief, are set out as under: The petitioner was working as a Constable In C.I.S.F., PTPS, Patratu Unit and was issued a charges sheet on 16.1.2002. The main charge against the petitioner is that during the operation time at the tower he was found sleeping with arms by the |r inspecting officer. The petitioner accordingly gave his explanation on 23.1.02 stating that he was on working place and further refuted that he was sleeping during the duty hours. The petitioner's reply was not accepted and he was awarded minor punishment of fine equivalent to seven days wages vide order dated 2.2.2002 by the Assistant Commandant, C.I.S.F. It appears that he was again issued a show cause notice on 28.2.2002 to which he replied and denied that he was not sleeping at the time of duty and an enquiry was initiated again after considering the evidence and vide impugned order dated 2.1.2003 he was dismissed from service vide order dated 2.7.2003. The petitioner preferred ah appeal before the Deputy Inspector General of Police who also dismissed the appeal vide order dated 2.2.2003. The main contention raised by the petitioner is that for the same set of charges the disciplinary authority could not have Initiated another enquiry proceeding and award punishment of dismissal from service.
(3.) THE respondents, in their counter affidavit, have submitted that the gravity of offence and the punishment of dismissal was commensurate to the charges. It further submits that sleeping on duty that also with arms and ammunition in naxalite prone area like Patratu is a serious misconduct. It has also been stated in the counter affidavit that all reasonable opportunities were given and there was full compliance of the principles of natural Justice. The respondents in their counter affidavit at para 6 have stated as under: The appellate authority i.e. Commandant, CISF Unit FTPS Patratu reviewed the case suo -motu and found that the punishment awarded to Const. N.K. Ram does not commensurate to gravity of offence and thereby issued show cause notice vide letter No. V -15014/CISF/PTPS/Disc/02/183 dated 28.2.2002 as to why disciplinary action under Rule 36 of CISF Rules, (Major Proceeding) should not be Initiated against him and also ordered that if he wishes to prefer/submit representation against the above show cause notice, lie should do so in writing within three days on receipt of this notice, to the Commandant CISF Unit PTPS, Patratu.;