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2023 Supreme(Del) 555

NEENA BANSAL KRISHNA, SURESH KUMAR KAIT
R. S. Dagar – Appellant
Versus
Union of India, Through its Secretary, Govt. of India – Respondent


Advocates:
Advocate Appeared:
Mr. S.N. Kaul, Advocate, Ms. Barkha Babbar, Advocate, S.I. Amit Kumar & S.I. Prahlad Devenda, CISF.

JUDGMENT :

Neena Bansal Krishna, J.

The present petition under Articles 226 and 227 of the Constitution of India has been filed by the petitioner seeking following reliefs:

    “(i) To quash the Enquiry Report held against the petitioner based on the Memorandum of Charge dated 10.6.2009 being contrary to the relevant service rules and settled position of law;

(ii) To set aside impugned order dated 27.11.2009 removing the petitioner from service, order dated 25/26.4.2010 upholding the decision of the Disciplinary Authority and ordered for punishment of Compulsory Retirement and order dated 16.9.2011 passed by the Revisioning Authority having passed arbitrarily and against the relevant rules and under Article 311 of the Constitution of India;

(iii) To allow all the consequential benefits arising out of quashing the impugned orders as aforesaid;

(iv) To all cost of litigation.”

2. The facts in brief are that the petitioner was appointed in the Central Industrial Security Force (hereinafter referred to as “CISF”) as Sub-Inspector in the year 1988. Upon appointment, the petitioner was detailed for Basic Training Course in CISF, RTC, Barwaha (MP) which he completed successfully. Thereafter, the pet

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