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2014 Supreme(Del) 1503

PRADEEP NANDRAJOG, JAYANT NATH
Suresh Kumar – Appellant
Versus
UOI – Respondent


Advocates appeared:
For the Petitioner:H.S. Dahiya, Advocate.
For the Respondents: R1, Prasouk Jain, Ankur Chhibber, Amicus Curiae.

Judgment :

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 05.11.19


























































































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