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2024 Supreme(Chh) 456

RAJANI DUBEY
Shiv Balak Singh, S/o Shri Mathura Prasad Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vinod Deshmukh, Advocate.
For the Respondents: Mr. Vaibhav P. Shukla, ASG.

ORDER :

This petition has been filed by the petitioner under Article 226 of the Constitution of India challenging the legality and validity of the order dated 22.7.2010 (Annexure P/1) passed by respondent No.4 whereby he has been compulsorily retired from service with immediate effect on normal pension and 3/4th of retirement gratuity and granted only subsistence allowance for the suspension period from 20.11.2009 (245 days). The petitioner has also called in question the legality and validity of the orders dated 11.9.2010 (Annexure P/2) and 18.3.2011 (Annexure P/3) passed by respondents No. 3 & 2 dismissing the petitioner’s appeal and revision respectively.

2. Brief facts of the case, as mentioned in the writ petition, are that while the petitioner was working as Head Constable at Central Industrial Security Force (CISF) Unit BSP, Bhilai on 9.12.2009 the petitioner was served with a charge sheet in respect of misbehaviour with and assault on Jaswant Singh, Inspector, CISF Unit, Bhilai, to which the petitioner in his reply categorically denied the charges on 16.12.2009. Being not satisfied with the petitioner’s reply, departmental enquiry was conducted against him by Shri Ajit Singh,

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