1. Alleging that the petitioner claimed reimbursement for stated medical expenses and in respect whereof furnished false medical documents during the period 15.03.1989 to 22.02.1992 in sum of ` 6281.40 a memorandum of charge was issued on 25.04.1992 by the Deputy Commandant CISF Unit, NFL Bhatinda. In response to the said memorandum the petitioner filed a reply denying the charge.

2. Considering the reply filed by the petitioner and finding the same inadequate, the Group Commandant appointed Sh.G.P.Rathore, Deputy Commandant CISF Unit Sawer Mines, Udaipur as the Enquiry Officer vide order dated 02.07.1990.

3. During inquiry the Enquiry Officer recorded statement of five prosecution witnesses, all of whom were cross-examined by the petitioner. Defence statement of the petitioner was also recorded.

4. The petitioner had not denied receiving 6281.40 under 16 medical bills furnished by him and supported by the prescriptions of Dr.P.L.Sharma, Dr.M.M.Mathur, Dr.D.P.Sharma and Dr.S.N.Sharma, all of whom were examined during inquiry and all of whom denied having issued the prescriptions relied upon by the petitioner.

5. Petitioner filed an application before the inquiry officer praying that the chemist(s) from whom he had purchased the medicines and had obtained receipt be summoned and their evidence recorded; which application was dismissed holding that there was no necessity to summon said chemist(s).

6. Taking into consideration all the material facts proved by the prosecution as well as documentary evidence made available, the Enquiry Officer came to the conclusion that charge framed against the petitioner stands proved beyond doubt.

7. Furnishing a copy of the inquiry report to the petitioner and considering his reply and rejecting the same, vide order dated 16.12.1992 the disciplinary authority passed the penalty of “dismissal from service” upon the petitioner.

8. The petitioner preferred an appeal against the final order dated 16.12.1992 which was dismissed by the appellate authority vide order dated 23.04.1993 which reads as under:- (i) Petitioner while working in CISF unit Zawar Mines Hindustan Zinc Limited , Udaipur got treated himself and his family members w.e.f. 15.03.1989 to 22.02.1992 through medical reimbursement application with the ill intention of earning money fraudulently from Hindustan Zinc Limited.-(ii) According to the petitioner in the charge-sheet claiming of false please have been leveled against him but in the statement of allegation it is stated that he has not got any treatment, therefore, this is a contrary to charge and statement of allegation. (iv) The appellate authority has considered enquiry report that the most of the bills were issued by Raj Ayurvedic Medical Store who is famous for such acts. Though the petitioner made an application before the Enquiry Officer to call for the original bills from the aforesaid medical store but the same was not considered on the ground that the petitioner submitted bills, prescription slips, there was no reference of the dates in the OPD register. The appellate authority was of the view that there was no need of handwriting expert opinion with regard to the verification of Doctor’s signatures. If the petitioner had any doubt on doctor’s statement or on their signatures, he was duty bound to produce proof in that regard. All the documents demanded by him were supplied by the Enquiry Officer. The Enquiry has been conducted according to the rules and sufficient opportunities have been afforded to the petitioner for his defence. Accordingly, the appellate authority confirmed the order of the Disciplinary Authority. The counsel for the petitioner has raised legal issue that Deputy Commandant who issued the charge-sheet was not competent under Section 34 of CISF.

9. Three submissions were urged at the hearing of the writ petition. It was firstly urged that the Dy. Commandant could not issue the charge sheet as he was not the discipli