Pradeep Nandrajog, J.

1. The factual backdrop leading to the filing of the present petition is that the petitioner was enrolled as a Constable in CISF.

2. On December 03, 1999, a charge memorandum was issued to the petitioner initiating an enquiry against him under Rule 34 of the CISF Rules, 1969.

3. The article of charge framed against the petitioner (under the charge memorandum dated December 03, 1999) reads as under:-

“That CISF NO.942331976 Const Suresh Kumar of CISF/01stReserve Battalion, Barwaha entered into scuffle with HC/GD Om Prakash Dhuhan (CHM) alongwith CISF No.824490278 HC/GD S.P.Singh on 05.11.1999 at about 11.30 hours while he was detailed for I.S. Duty in Company No.11 at New Delhi, using filthy languages, assaulting and punching him by hand, which amounts to gross misconduct and indiscipline and violation of instruction and unbecoming a good member of a disciplined force like CISF.” (Emphasis Supplied)

4. The statement of imputation of misconduct (under charge memorandum dated December 03, 1999) reads as under:-

“That No.942331976 Const Suresh Kumar of CISF/01stRESERVE BATTALION, BARWAHA was detailed in company no.11 for I.S. Duty New Delhi. On 05.11.1999 at about 11.30 hours Const. Suresh Kumar was found creating nuisance by shouting at company commander that he would not shift from Defence Colony Police Station to North Block as per the order of DIG/NZ and he demanded for leave to celebrate Deepavali festival. On hearing the shouting of CISF No.741310316 HC/GD Om Prakash, CHM of company No.11 came and tried to pacify the above Const. and the HC/GD and also requested to them to come and request the company Commander on the next day as it was found nuisance to the Police Station Duty officials of Defence Colony Police Station. The CISF No.942331976 Const Suresh Kumar alongwith CISF No.824490278 HC/GD S.P.Singh immediately manhandled and assaulted the CISF No.741310316 HC/GD Om Prakash, CHM of company No.11 by using filthy language. For which a entry also made in General Diary vide No.1059 Dated 5.11.1999. Hence he committed an act of gross misconduct and negligence of duty and made himself liable for Disciplinary Action. Hence the charge.” (Emphasis Supplied)

5. It is pertinent to note that as per charge memorandum dated December 03, 1999 the incident in question happened at Defence Colony Police Station at 11.30 hours on November 05, 1999.

6. The petitioner submitted his response to the charge memorandum dated December 03, 1999. He denied the allegation that he abused or manhandled HC Om Prakash at 11.30 hours on November 05, 1999 and took the stand that on the said day at 11.30 A.M. he was on duty at the farmhouse of one Sh.R.L.Bhatia and HC S.P.Singh was on duty at the farmhouse of one Sh.Kedar Nath Sahni.

7. On January 19, 2000 a memorandum was issued to the petitioner whereby the time “11:30 hours” mentioned in article of charge/statement of imputation issued under cover of charge memorandum dated December 03, 1999 was amended to be read as ‘23:30 hours’.

8. It is apparent that an error had taken place unintentionally when the charge memorandum was issued. Time recorded at 11:30 hours of the incident was capable of being read as 11:30 AM. The petitioner took advantage thereof. To set the matter at rest, the charge memorandum was amended for the time to read as 23:30 hours.

9. On February 15, 2000 another memorandum was issued to the petitioner whereby the statement of imputation issued under cover of charge memorandum dated December 03, 1999 was amended. The amended statement of imputation reads as under:-

“That No.942331976 Const Suresh Kumar of CISF/01stRESERVE BATTALION, BARWAHA was detailed in company no.11 for I.S. Duty New Delhi. On 05.11.1999 at about 2330 hrs Const. Suresh Kumar was found creating nuisance by shouting at company commander (North Block) that he would not shift from Defence Colony Police Station to North Block as per the order of DIG/NZ and he demanded for leave to cel