GITA MITTAL, J

1. The present writ petition assails the memorandum dated 19th October, 1985 issued by the Commandant of the Central Industrial Security Force (hereinafter referred to as CISF' for brevity) proposing to hold an inquiry against the petitioner and communicating the statement of articles of charge; imputations of misconduct and misbehaviour in respect of each article of charge.

2. The petitioner also assails the order dated 28th June, 1986 passed by the disciplinary authority accepting the findings of the inquiry officer finding the petitioner guilty of the article of charge no.I while declaring that article of charge nos.II & III as not proven against the petitioner. A challenge is also laid to the order dated 31st October, 1986 passed by the Deputy Director General of the CISF-the appellate authority rejecting the appeal of the petitioner; the show cause notice dated 29th June, 1987 and the order dated 13th October, 1987 passed by the revisionary authority dismissing the petitioner from service.

Factual Narration

3. Before us, there is no material dispute to the factual narration. The petitioner was directly recruited as an Assistant Sub Inspector in the CISF on the October, 1975. On 26th August, 1984, his meritorious service brought him promotion to the rank of sub inspector.

4. On 28th September, 1985, the fateful day, the petitioner was supervising fatigue duty for the purposes of maintenance and cleaning of the headquarters lines when he was informed by two CISF personnel, Shri T.K. Majhi and Shri D.C.M. Das, of the happenings at the Pant Stadium while a match in the Federation Games was underway in which the local police was compelled to intervene in a melee amongst the spectators. In the resulting lathicharge, some of the CISF personnel in civil dress who were also witnessing the game were injured. The on-going assault by the police was stated to be indiscriminate. Such CISF personnel in uniform on duty at the stadium, who were trying to intervene and pacify the public were stated to have been also assaulted by the police. In this process, the said Shri Majhi (who was in uniform) was assaulted and his wrist watch was taken away.

5. The material brought on record during the disciplinary enquiry conducted against the petitioner, shows that immediately on receipt of this information, the petitioner rushed to the battalion office to apprise the Commandant and the Administrative Officer concerned of the situation and to take appropriate instructions from the superiors with regard to further action. He was informed that all officers of the rank of inspector and above had gone for a meeting to the office of the Deputy Inspector General, CISF at the Bhillai Steel Plant. The petitioner tried his utmost to telephonically contact the Deputy Inspector General from the battalion office, but was unsuccessful for the reason that the telephone line was continuously engaged. The petitioner then rushed to the other telephone in the company office to contact the Deputy Inspector General but this phone line was out of order.

6. The petitioner's decision to await instructions from the superiors resulted in extreme agitation of the CISF personnel who were performing fatigue duty at the headquarters, who started abusing the petitioner for failing to help the CISF personnel facing lathicharge at the stadium. They were practically threatening him to go to the stadium themselves to stand by the side of their colleagues who were being assaulted by the police.

7. In this background, to prevent any further provocation, the petitioner had no option but to rush to the Pant Stadium in order to ascertain the position. The petitioner was accompanied by four CISF constables and after visiting the site they returned to the headquarters within five minutes as the situation was found tense and the petitioner did not want to aggravate the same. No senior officer was still available. Consequently, the petitioner again tried to telephonica