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2022 Supreme(Bom) 842

DIPANKAR DATTA, M.S.KARNIK
Ram Sahodar Rajwade – Appellant
Versus
Director-General, Central Industrial Security Force – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajeev Kumar.
For the Respondent: Mr. Ashok Shetty, Ms. Anamika Malhotra.

JUDGMENT :

Dipankar Datta, C.J.

1. The petitioner, a constable of the Central Industrial Security Force (hereafter “CISF”, for short), following disciplinary proceedings, was removed from service by an order dated 27th November 2017 of his disciplinary authority on the ground of proved misconduct. Such order of removal was made in terms of the provisions contained in Rule 34(ii) read with Rule 36 of the Central Industrial Security Force Rules, 2001 (hereafter, “CISF Rules”, for short).

2. Aggrieved by the order of removal, the petitioner carried such order in an appeal under Rule 46 of the CISF Rules. The appellate authority, by an order dated 5th February 2018, upheld the order of the disciplinary authority to the extent it held that the charges levelled against the petitioner stood proved; however, considering the length of service put in by the petitioner and liability towards his family, a lenient view was taken by the appellate authority and the penalty of removal was modified by awarding the penalty of compulsory retirement from service with full pensionary benefits.

3. A revision petition at the instance of the petitioner did not prove successful. The revisional authority, by i

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