Biplab Kumar Sharma, J.

The petitioner is aggrieved by Annexure-18 order dated 30th August, 2008, by which he was removed from service pursuant to a departmental proceeding. As regards the period of suspension for the period from 30th January, 2008 to 30th August, 2008, the same is to be treated as suspension for all purposes disentitling him to any further pay and allowances except the subsistence allowance that was paid to him during the said period. The petitioner is also aggrieved by the Annexure-20 appellate order dated 26th November, 2008, by which his appeal against the order of removal was dismissed being bereft of any merit. The petitioner while was serving as Head Constable/GD was placed under suspension in contemplation of a departmental proceeding. The period of suspension is as noted above. By Annexure-1 memorandum dated 23rd February, 2008, he was charged with 2(two) articles of charges. Alongwith the said memorandum, the statement of articles of charges and also the statement of imputation of misconduct, indiscipline, carelessness and negligence in support of articles of charge framed were also enclosed. The list of documents and witnesses were also furnished. The statement of imputation of misconduct etc. in support of the 2(two) articles of charges, is reproduced below:--

"Statement of Imputation of Misconduct, indiscipline, carelessness and negligence in support of articles of charge framed against No. 853150167 HC/GD (U/S) J.N. Barman of HQRS, Sector CISF unit oil Duliajan, Dibrugarh Distt. (Assam).

Article of Charge-I

The aforesaid CISF No. 853150167 Head Constable/GD (U/S) J.N. Barman of HQrs Sector, CISF Unit OIL Duliajan while posted at GCS-08 Drilling Location Out Post was detailed for PCC from HC to ASI/Exe w.e.f. 04.02.2008 to 11.04.2008 at RTC Barwaha vide office order No. E-37014/PCC/Adm-4/08/1136 dated 24 Jan, 2008. Consequent upon detailment, he submitted an application dated 28.01.2008 for unwilling to go for PCC due to wife's delivery case. As per existing instructions, his request for acceptance of unwillingness was processed to obtain the approval of Competent Authority. On 30.01.2008 at about 1135 hours, he entered inside the Bunker and counted the Ammunition and on asking the reason for again counting the ammunition, he warned his colleague Constable Har Gopal Choudhary to keep quite. In the meanwhile, he aggressively pointed the barrel towards Bunker door and burstly fired 30 rounds of service ammunition from his SMG Carbine No. 16006272 (Butt No. 51) without any provocation and sufficient reason. Constable Haripal Choudhary forcibly snatched his Carbine and hand over to post Commander SI/Exe C.S. Singh for safe custody. But, he arrogantly insisted to return the Carbine and also tried to break the lock where said carbine was kept in safe custody. Thus the aforesaid indiscipline act on the part of No. 853150167 Head Constable/GD (U/S) J.N. Barman of HQrs Sector, CISF Unit OIL Duliajan amounts to gross misconduct, indiscipline, disobedience of lawful orders of the competent authority and unbecoming of a good member of an Armed Force of the Union like CISF.

Article of Charge-II

The aforesaid No. 853150167 Head Constable/GD (U/S) J.N. Barman of HQrs Sector, CISF Unit OIL Duliajan while deployed at OIL Duliajan GCS-08 Drilling Location consumed liquor and thereafter under influence of liquor he, created nuisance on 30.01.2008 at about 1145 hours. On occurrence of the said incident at about 1400 hours QRT team headed by Shri C.L. Chakraborty, Assistant Commandant (holding the charge of HQrs Sector) reached at GCG-08 drilling location to handle/control the situation adequately. I/C QRT Team ordered him to ready for HQrs. Duliajan but, he instead of complying the valid order, threatened to assault the QRT team with iron rod and repeatedly denied to hand over the spare magazines under his possession. He was medically examined at OIL Duliajan Hospital in which consumption of liquor was confirmed