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2011 Supreme(Cal) 450

J.K.BISWAS
G. C. Bilarwan – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
K.B.S. Mahapatra, Gokul Chandra Chakraborty, Partha Chakravarty, Asish Kumar Roy, Tanmoy K. Ghosh

JUDGMENT

1. THE Court-THE petitioner in this art.226 petition dated November 24, 2006 is aggrieved by an order dated May 31, 2006 (at p.88) issued by the Deputy Inspector General (Pers), Central Industrial Security Force inflicting on him the penalty of "Withholding of one increment for three years without cumulative effect."

2. BY issuing a charge-sheet dated June 5, 2002 (at p.29) the Deputy Inspector General (Pers/Hqrs) initiated the departmental proceedings against the petitioner who was working as a Deputy Commandant, CISF Unit, BSL Bokaro. The charge was as follows:

"That Shri GC Bilarwan while posted and functioning as DC in CISF Unit, BSL Bokaro committed a gross misconduct in that when there was a scuffle between CISF personnel and the villagers of Lewatand village on 15.01.2002 which finally led to the abduction of Constable V.S. Rai by the villagers, he did not appreciate the ground reality, in right prospective, nor did he carry out the rescue operation methodically and tactfully instead, he left the CISF personnel free to carry out the rescue operation even by using physical force. As a result, the CISF personnel not only beat up the villagers but also damaged their hou



























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