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2018 Supreme(Jhk) 1804

APARESH KUMAR SINGH
Dilbag Singh – Appellant
Versus
Union of India through Secretary, Ministry of Home Affairs, New Delhi – Respondent


Advocates Appeared:
For the Petitioner:Mr. Kumar Vaibhav, Advocate
For the Respondent-UOI: Mr. Prabhat Kr. Sinha, CGC

ORDER :

Heard learned counsel for the petitioner and Union of India.

2. Petitioner, a constable, under CISF while posted at CISF Unit, Bokaro Steel Plant, Bokaro was proceeded against for the following charges vide charge sheet dated 19.11.2008 (Annexure-3).

(i) On 05.10.2008 he was deputed in the second shift between 13.00 hrs. to 21.00 hrs. at S.W.S North gate of B.S.L. Unit. He was found absent from his post without any prior information or permission from the competent authority. This conduct of the petitioner reflected acts of serious negligence and indiscipline.

(ii) During the same period on the same day, after the shift was over, he appeared at the post at 21.15 hrs. and both his hands were found blackened. He thereafter left as a pillion rider on a private motorcycle of Constable M. Bhagat. A suspicious object was kept in between them on the bike. On being asked to stop by the Quick Response Team (QRT), he did not stop, rather motorcycle was driven at a very fast speed. It showed that he was involved in a suspicious behaviour of having stolen some property of the Plant. After the incident on 05.10.2008 petitioner was placed under suspension on 06.10.2008 (Annexure-2). Petition

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