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2008 Supreme(Cal) 1096

S.S.NIJJAR, SANJIB BANERJEE
G. D. PAUL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant: Mr. Saptangshu Basu, Mr. K.B.S. Mahapatra, Mr. Subir Hazra.
For the Respondent: Mr. Uttam Majumder.

JUDGMENT

SANJIB BANERJEE, J. : –

A head constable of the Central Industrial Security Force (CISF) is in appeal from his failed writ petition challenging the punishment meted out to him in disciplinary proceedings.

2. Though somewhat unnecessary in the context of the matters that ought to be weighed in judicial review, it may be useful to see how the charges on four counts came to be levelled against the appellant. According to the enquiry report that has been relied upon by the disciplinary authority in ultimately subjecting the appellant to compulsory retirement from service, the appellant is said to have outraged the modesty of the wife of another constable in the force at the rented residence of such other constable at a time when the appellant was required to report for a regimental function. The enquiry officer also held that the appellant had remained absent for a period beginning a day after the alleged incident; found him guilty of insubordination; and, of staying away from a regimental function without proper excuse.

3. By a memorandum of April 15/16, 2005 the appellant was informed that an enquiry was proposed to be conducted in relation to the conduct of the appellant un




































































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