HARLAL SAINI Vs. UNION OF INDIA
LAWS(ALL)-2019-8-344
HIGH COURT OF ALLAHABAD
Decided on August 28,2019

Harlal Saini Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

SUNITA AGARWAL,J. - (1.)Heard Sri B.K. Srivastava learned Senior Advocate assisted by Ms. Pooja Srivastava learned Advocate for the petitioner and Ms. Himkanya Srivastava learned Advocate for the respondent.
(2.)The petitioner seeks to challenge the order dated 15.5.1999, whereby his appointment to the post of Constable (CISF) has been brought to an end holding him guilty of the charges levelled against him. The charge against the petitioner in the charge sheet dated 20.1.1998 which had lead to the departmental enquiry is as follows:- Charge
"Force No. 884667433 Constable H.L. Saini of CISF Unit SSTPS Shaktinagar and Force No. 8923331600 Constable Shailesh K.B. of CISF Unit B.C.C.L. Dhanbad Area 12 at Begunia Headquarters Unit Line on dated 11.09.1997 at 2030 hours both consumed opium solution which resulted in the death of said Constable Shailesh K.B. on 12.09.1997 at 0210 hours at Sanctoria Hospital E.C.L. and Constable H.L. Saini received treatment by Dr. M. Khalid of Lions Club Raghunath Kharkia Eye Hospital Kharkianaga, Chirkundo against payment of Rs. 5/-. Hence this act of the said Constable H.L. Saini is an act of serious indiscipline, bad conduct and criminal behaviour which resulted in the death of Constable Shailesh K.B."

(3.)Reply to the charge sheet was submitted on 23.3.1998. The enquiry report dated 13.4.1999 was submitted exonerating the petitioner saying that the charges were not proved. The disciplinary authority put a disagreement note relegating the matter for fresh enquiry.


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