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2022 Supreme(Bom) 1271

PRASANNA B.VARALE, N.R.BORKAR
Udaynath Tirkey – Appellant
Versus
Central Industrial Security Force – Respondent


Advocates appeared:
Rajeev N. Kumar, Advocate, Ashok Shetty, Advocate, Anamika Malhotra, Advocate

JUDGMENT

N.R.BORKAR, J. - Heard finally at the admission stage, in view of the order dtd. 12/12/2019.

2. The petitioner was serving as a constable with Central Industrial Security Force and at the relevant time was posted at JNPT, Nhava-Sheva, Mumbai. On 29/3/2018 an FIR came to be lodged against the petitioner for the offences punishable under Sec. 376 of the Indian Penal Code and 4 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. According to the FIR the petitioner had sexually abused the daughter of his colleague aged about 4 years and 8 months.

3. After registration of crime, preliminary inquiry was conducted and the report of Intelligence Wing of CISF Unit, JNPT was called. The Respondent No.4- who is Disciplinary Authority of the petitioner, on receipt of preliminary inquiry report and report of Intelligence Wing, passed the order dtd. 04/04/2018 dismissing the petitioner from the services in terms of sub rule (ii) of Rule 39 read with Rule 34 of CISF Rules, 2001.

4. An appeal filed by the petitioner against the order of Respondent No.4 before Respondent no.3-The Deputy Inspector General, CISF came to be dismissed by order dtd. 31/05/2018.

5. Against

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