An enquiry and punishment conducted in violation of the relevant rules and regulations governing the employee's service and the principles of natural justice are illegal and void.

( 1 ) THE petitioner has filed this writ petition challenging the termination of his services vide orders dated 9th March, 1981 and 23rd June, 1986.

( 2 ) FACTS giving rise to this petition are that the petitioner had joined the Central Industrial Security Force (hereinafter referred to as cisf ) as a security guard and after requisite training he was initially posted at Durgapur Steel Plant where he worked till 13th August, 1971. He was thereafter posted at Khetri Copper Complex and in course of time was posted at Rastriya Chemical Fertilizer, Chembur. Bombay. Some incident is t have taken place on 24th February, 1980 there and m course of time on 5th March, 1980 a memorandum (Annexure a ) was issued by the Commandant initiating an enquiry against the petitioner and in consequence of the enquiry a show cause notice (Annexure d ) is alleged to have been served on 2nd January, 1981 against which he represented and in consequence order dated 9th March, 1981 was passed ordering his removal from service. An appeal was preferred on 12th March, 1981 which was disposed of as late as 23rd June, 1986 and the said appeal was dismissed resulting in ultimate termination of services of the petitioner.

( 3 ) THE first contention of the petitioner is that the petitioner was governed by the Central Industrial Security Force Rules, 1969 (hereinafter referred to as cisf Rules, 1969 ) whereas charge sheet was served upon him under Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to CCS (CCA) Rules, 1965) and the enquiry was also held against him under CCS (CCA) Rules, 1965 and as such the said enquiry and orders resulting therefrom are illegal and void. In this behalf my attention has been drawn to Annexure a . A perusal of the said annexure shows that it clearly brings out in the very first para that "the undersigned proposes to hold an enquiry against Shri Rajeshwar Singh. SC CISF No. 7008162 under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965". My attention has further been. drawn to CISF Rules, 1969. Rule 29 thereof lays down as under :

"rules governing discipline-- (1) Supervisory oncers shall" be governed by the rules applicable to the officers of the. Central Government of corresponding class in respect of disciplinary proceedings, punishments, appeals, revisions and representations. (2) The members of the Force shall in such matter be governed by the rules in this Chapter".

A persual of sub-rule 2 places the matter beyond any shadow of doubt that in the matter of disciplinary proceedings, punishments. appeals, revisions and representations members of CISF were governed by the CISF Rules, 1969 as contained in Chapter IX thereof It is submitted on behalf of the respondent that reference to Rule 14 of the CCS (CCA) Rules, 1965 was by sheer oversight or typing mistake and would not vitiate the enquiry. However, persual of Annexure a further shows that it was not at one place that reference to CCS (CCA) Rules 1965 has been made therein rather reference to para 4 of the said charge-sheet would also indicate that it has been brought out therein as well that if the petitioner did not comply with the provisions of Rule 14 of the CCS (CCA) Rules, 1965 the enquiry officer would hold the enquiry ex-parte. Furthermore, my attention has been drawn to para 5 of Annexure a wherein reference has been made to Central Civil Services (Conduct) Rules, 1964 as well and in the face thereof it is difficult to accept that reference to CCS (CCA) Rules, 1965 was through an oversight or typographical error. It may further be mentioned here that on comparison of relevant provisions of CISF Rules, 1969 with the provisions incorporated in CCS (OCA) Rules, 1965 I find that there does exist difference in the provisions of the two and consequently in such a situation it cannot be accepted that enquiry could be held under CCS (OGA) Rules, 1965 as against CISF