Heard Mr. K.K. Mahanta, learned Sr. counsel assisted by Mr. N.K. Kalita, learned counsel for the petitioner. Also heard Mr. S.C. Keyal, learned Asstt. Solicitor General of India representing the respondents.

2. Being aggrieved by the order dated 08-07-2008 removing the petitioner from service on the basis of an enquiry report dated 06-05-2008 as well as the subsequent order dated 17-11-2008 passed by the appellate authority rejecting the appeal filed by the petitioner, the instant writ petition has been filed praying for setting aside the aforesaid orders and for reinstatement of the petitioner back in service.

3. The petitioner, viz. No. 994750037 Constable D. Kalita, employed with the Central Industrial Security Force (CISF), while being posted at the ONGC, CISF Unit, Nazira, was served with the charge-memo dated 06-12-2007 bringing in as many as three charges against him, thereby calling upon the petitioner to show cause as to why a disciplinary proceeding should not be initiated against him in respect of the said charges. The basic complaint made against the petitioner would be evident from a bare reading of the charge memo itself. Therefore, the three charges are quoted herein below for ready reference:

STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST NO. 994750037 CONSTABLE D. KALITA (UNDER SUSPENSION) OF CISF UNIT ONGC NAZIRA (ASSAM).

Article of Charge - I

“That No. 994750037 Constable D. Kalita in collaboration with one civilian assaulted with fist and blow on the face of Constable S.N. Yadav on 30.11.07 at about 2000 hrs. near Lakwa Colony Gate No. 2. As a result, constable S.N. Yadav sustained injuries on his face and he had to undergo treatment from ONGC Dispensary Lakwa. The above act on the part of No. 994750037 Constable D. Kalita amounts to gross misconduct, serious indiscipline and an act unbecoming of a good member of the Armed force of the Union like CISF. Hence the charge”

Article of Charge- II

“An act of gross misconduct, misbehavior, insubordination, in that on 30.11..7 at about 2130 hrs, when Insp/E S.C. Das, Coy Commander met Constable D. Kalita and Constable S.N. Yadav at the Lakwa Colony Gate No. 1 to enquire into the reported incident of assault cause by D. Kalita on Constable S.N. Yadav, Constable D. Kalita shouted on Insp/E S.C. Das demanding explanation as to why he was disturbed during off duty hours. Further, he displayed an act of in-subordination at about 2135 hrs on 30.11.07, shoved and pushed Insp/E S.C. Das ini the vicinity of residential complex of Shri Dilip Kumar, Asstt. Commandant and forced to meet with the above Asstt. Commandant despite he was informed not necessary to meet as per instructions of the Asstt. Commandant. The above on the part of No. 994750037 Constable D. Kalita amounts to gross misconduct, indiscipline, insubordination, and an act unbecoming of a good member of the Armed force of the Union. Hence the charge”

Article of Charge – III

Highly prejudicial to the good order and discipline in that No. 994750037 Constable D. Kalita of CISF Unit ONGC Nazira, who was awarded as many as three (03) Major/ Minor penalties in his service career for various indiscipline activities, omission and commissions, including a case in that he abused and threatened Insp/E B.C. Majhi, coy commander, showing his service rifle near a hotel on 06.02.05 at about 2045 hrs while on Election Duty- 2005 at Jharkhand & Bihar. He failed to improve his conduct and performance. He has further indulged in more serious act of misconduct instead of mending his ways as expected of a member of an Armed Force of the Union. Thus he developed incorrigible habit of committing misconducts, which tantamount to an act unbecoming member of the Force like CISF. Hence the charge.

Sd/-

Sr. Commandant

4. On the basis of said charge-memo, an enquiry proceeding was initiated against the petitioner whereby Shri M.D. Murthy, Asstt. Commandant was appointed as Enquiry Officer. During the enquiry preceding as many as six witnesses w