Jitendra Kumar (Si/exe) vs Union of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
RAJIV SAHAI ENDLAW, AMIT BANSAL
Jitendra Kumar (Si/exe) – Appellant
Versus
Union of India – Respondent

Table of Content
1. departmental inquiry and resulting orders. (Para 1 , 2 , 3)
2. arguments on evidence and lack of liability. (Para 4 , 5)
3. judicial review limitations and misconduct findings. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. final dismissal of the case. (Para 12)

JUDGMENT

[VIA VIDEO CONFERENCING]

Amit Bansal, J. The petitioner was appointed as a Sub-Inspector with the respondent Central Industrial Security Force (CISF) in the year 2017. An incident occurred, on 7th October, 2017 while the petitioner was posted at the Metro Station at Shahdara involving the petitioner and one metro commuter, Lakshya Beriwal which resulted in a charge sheet being issued against the petitioner under Rule 36 of CISF Rules. The petitioner was charged with following offence:

"On 07.10.2017, Force No. 120201677 Sub Inspr/Exe Jitendra Kumar, Red Line, CISF Unit, DMRC, Delhi was posted at Shahdara Metro Station in the first shift from 0700 to 1400 PM in the capacity of shift incharge. During the bag scanning of one Sh. Lakshya Beriwal at about 0845 AM, argued with the said passenger and along with the Force No. 014511196 Guard/GD Vijay Kumar, the said passenger was taken to the CCTV room where the said pas

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