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2014 Supreme(Pat) 387

RAKESH KUMAR
Krishna Nand Singh – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner: Mr. Ashok Kumar Choudhary 1.
For the Respondent: Mr. Raj Ballabh Prasad Yadav.

JUDGMENT :

RAKESH KUMAR, J.:–The petitioner, invoking writ jurisdiction of this court under Article 226 of the Constitution of India, has prayed for quashing of an order contained in Memo No. 1054 dated 28.6.1996 passed by the Commandant, Central Industrial Security Force (CISF) VSTPP (Unit) Vindhya Nager, District - Sidhi (Madhya Pradesh). By the said order, punishment of dismissal of petitioner from CISF services has been awarded. The petitioner has further prayed for issuance of writ in the nature of Certiorari for setting aside the order passed by the appellate authority i.e. Deputy Inspector General, CISF, East Zone, Headquarter, Patna, contained in Memo No. 4381 dated 21.6.1997. By the said order, the appellate authority has affirmed the order of the disciplinary authority and dismissed the appeal.

2. Short fact of the case is that the petitioner, who was constable in CISF was charged on an allegation that while he was in CISF unit VSTPP Vindhya Nager, a movement order dated 2.6.1994 was issued directing him to proceed on regular posting to CISF Unit, HEP Uri ( Jammu & Kashmir) after availing ten (10) days E.L. and fifteen (15) days joining time. Accordingly, he was due to repo






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