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2022 Supreme(Bom) 865

SANDEEP V.MARNE, MANGESH S.PATIL
Pralhad Bhaurao Thale – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Yashodeep P. Deshmukh, Mr. Yogesh P. Deshmukh
For the Respondent: Mr. Bhushan B. Kulkarni

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule.

2. Rule made returnable forthwith. With consent of the learned Advocates for the respective parties, heard finally at the state of admission.

3. By the present petition, the petitioner challenges penalty of compulsory retirement imposed upon him vide order dated 26.11.2013, after being found guilty in the disciplinary proceeding. He also challenges the order passed by the appellate authority dated 28.02.2014 and by the revisional authority dated 05.08.2014, by which his appeal and revision have been rejected.

4. Facts of the case are briefly stated as under :

The petitioner joined services in Central Industrial Security Force (CISF), in the year 1993. While working as Head Constable, he was placed under suspension in contemplation of initiation of disciplinary proceedings. By Memorandum dated 03.05.2013, disciplinary proceedings were initiated against him alleging three charges. In the first charge, it was alleged that while being posted in Training Centre in ‘C’ shift duty on the Main Gate with a weapon, he was found sleeping during the course of checking by the Night Checking Officer at 04.10 hrs. and upon being questioned, he misbehaved with th

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