ANANDA SEN, J. - (1.) In this writ application, petitioner prays for quashing the article of charges dated 13.03.2009 and order dated 08.07.2009 passed by the Disciplinary Authority, C.I.S.F., inflicting punishment of removal from service without any benefits against the petitioner. The appellate order dated 19.08.2009 passed by the appellate authority, whereby the appeal was rejected, is also under challenge. The order of the revisional authority dated 28.04.2010 has also been challenged in this writ application, which dismisses the revision application. Further orders dated 04.08.2010 and 16.01.2015 passed by the Director General, CISF, New Delhi upholding the order of removal is also challenged. A mandamus has been sought for to reinstate the petitioner in service after setting aside the impugned order.
(2.) The petitioner was appointed as a Constable in CISF and was posted in BCCL, Dhanbad. He was enrolled on 02.05.1989. A disciplinary proceeding was initiated against the petitioner, who was a member of the CISF on the following charge:- Charge No. 1 On 21.02.2009, the petitioner was guarding the coal dump and was on duty from 13.00.Hrs. to 21.00 Hrs (second shift). He was performing duty along with one Rajkumar. At about 16.05 Hrs., Inspector, while checking near his dump, asked Rajkumar to go and call this petitioner, but, this petitioner refused to leave his place where he was on duty. Charge No. 2 On 23.02.2009 at about 04.40 Hrs. when the suspension order was to be served upon him. He refused to accept the same. Charge No. 3 While on duty in Area IX on four different occasions for four different acts, he was punished four times, but, he did not mend himself.
(3.) On the aforesaid charges a departmental proceeding was initiated and an enquiry was conducted by the Enquiry Officer. During enquiry, the petitioner did not appear before the authority. As the petitioner did not appear, the enquiry proceeded exparte. Evidence of witnesses were recorded by the Enquiry Officer. On conclusion of the enquiry, the report was submitted finding the charges against the petitioner proved. The copy of the enquiry report was furnished to the delinquent employee and he was directed to submit his reply to the second show cause within 15 days. The delinquent also refused to accept the said report and the notice. The Enquiry Officer, thereafter, considering the enquiry report and evaluating the same punished the petitioner with a punishment of removal from service without any benefits.;