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2018 Supreme(Cal) 710

AMRITA SINHA
Alauddin Mir – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
K. Bose, Adv., M. Tewary, Adv., S. Sarkar, Adv., A. Mukhopadhyay, Adv., D. Saha, Adv.

JUDGMENT :

Amrita Sinha, J.

The petitioner filed the instant writ petition praying for setting aside the order of punishment dismissing the petitioner from service passed by the disciplinary authority on 30th September, 2008 and affirmed by the appellate authority on 14th November, 2008.

2. The petitioner was a constable of Central Industrial Security Force (CISF). A charge sheet was issued against him on 21st January, 2008 under the following charge:

"An act prejudicial to good order and discipline of the Force is that No. 921401890 Constable Alauddin Mir (U/S), RJMI, Camp of CISF Unit ECL, Seetalpur was detailed in "B" shift duty from 1300 hrs to 2100 hrs on 14.12.2007 at R S 16 Cable Transformer duty post of RJML OCP. During his duty hours miscreants succeeded to take away 116 Mtrs. of Cable with coupling, approximate cost of which is Rs.1,41,000/- (Rupees one lac forty one thousand only) and also reportedly snatched the Walkie-Talkie from his possession. He did not utilize the services of Walkie-Talkie for help while on duty thereby facilitated the miscreants to take away the Cable and cooked up the story of snatching of Walkie-Talkie which was recovered by the police on 15.12.07 a



















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