Paul, J. -- 1. By preferring this writ appeal under section 2 of Madhya Pradesh High Court (Appeal to Division Bench) Act, 2005, the appellant Union of India (Central Industrial Security Force - CISF) challenged the order dated 10.7.2007 passed by learned Single Judge in Writ Petition No.593/2002(S) (Sukhbir Singh Bais v. Union of India and others).

2. Brief facts necessary for adjudication of this appeal are as under :

Respondent was working as a Constable in the CISF Unit Jorhat (Assam). The Department suspended him because he committed misconduct and a charge-sheet dated 27.9.2001 was served on him. Three articles of charges were made against him, which reads as under :

“Article of Charge-I :

That No.962331284 Constable Sukhvir Singh Bais of CISF Unit ONGC Jorhat (Jorhat Sector) created nuisance in Jorhat Mess under the influence of liquor and misbehaved with HC/GD P.C. Paul and Constable D.G. Ghosh using filthy language on 22.9.2001 at about 20:30 hrs. which tentamounts to gross misconduct, violation of instruction.

Article of Charge-II :

That No.962331284 Constable Sukhvir Singh Bais of CISF Unit ONGC Jorhat (Jorhat Sector) misbehaved and insulted Inspector S.N. Kundu and In