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2024 Supreme(Bom) 763

NITIN W. SAMBRE, ABHAY J. MANTRI
Laxman Manikrao Tonge – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mrs. R.S. Sirpurkar, Counsel
For the Respondent: Mrs. Mugdha Chandurkar, Counsel

JUDGMENT :

Per : Abhay J. Mantri, J.

The challenge is raised to the order dated 18-11-2011 passed by respondent No.3-Deputy Inspector General/Airport Central Industrial Security Force, Ministry of Home Affairs, whereby confirmed the order dated 29-05-2011 passed by respondent No.4-Commandant, Central Industrial Security Force, Ahmedabad dismissing the petitioner without conducting a departmental enquiry.

2. It further appears that during the pendency of this petition, the petitioner challenged the said order in revision before respondent No.5- Inspector General/APS office of the Special Director, Central Industrial Security Force, New Delhi. However, respondent No.5 vide order dated 31-07-2012 dismissed the revision. The petitioner also challenges the said order by amending the petition.

3. Succinctly, the facts are as under :-

    (i) On 14-08-2000, the petitioner was appointed as a Constable G.D. While discharging his duty at Rajkot, he proceeded on leave from 06-05-2011 to 27-05-2011 to attend his brother’s wedding. On 24-5-2011, Crime No.93/2011 was registered against him under Sections 302, 498-A, 304-B and 506 r/w Sections 34 of the Indian Penal Code. (for short- I.P.C.) Pursuant to t

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