Sei sulla pagina 1di 5

1

mi egkfujh{kd dk dk;kZy;
dsUnzh; vkS/kksfxd lqj{kk cy
A x`g ea=ky; A
,l,lth] dsvkSlqc]
lwjtiqj]
xzsVj
ukS,Mk]m0iz0&20
1306
la0 oh&15014@dsvkSlqc@,l,lth@estj&36@01@vuq@2016&
fnukWad% @02@2016
vafre vknsk
Departmental enquiry proceeding was initiated against CISF No. 081753095
Const/GD Ram Chandra Oraon of CISF Unit SSG Greater Noida and charge sheet under
Rule-36 of CISF Rule-2001 was issued vide this office memorandum No.V15014/CISF/SSG/Major-36/(01)/Disc/2016-1339 dated 27.02.2016 for the following
charges:
That CISF No. 081753095 Const/GD Ram Chandra Oraon of D Group, CISF Unit
SSG, Greater Noida (UP) was sanctioned 10 days Earned Leave w.e.f. 26.12.2015 to
04.01.2016 by the Competent Authority. After expiry of the said leave he was supposed to
report for duty at CISF Unit SSG Greater Noida (U.P.) on 05.01.2016(FN) but he failed to do
so and has been overstaying leave wef., 05.01.2016 without any permission of the Competent
Authority. This act of CISF No. 081753095 Const/GD Ram Chandra Oraon tantamounts to
gross indiscipline, negligence and dereliction of duty on his part which is an unbecoming
conduct being a member of a disciplined Armed Force of Union of India like CISF. Hence
the charge.
[[

02.
Since, CISF No. 081753095 Const/GD Ram Chandra Oraon (Charged Official) was
overstaying leave w.e.f. 05.01.2016. The Charged official submitted an application received
in this office for extension of 15 days Earned leave to complete his house repairing. His
request wasnot acceded to by the Competent Authority and accordingly call up letters issued
vide No.(75) dated 02.01.2016(PW-2/Exh2), No.(342) dated 14.01.2016(PW-2/Exh-3) and
No. (657) dated 28.01.2016(PW-2/Exh-4) at his home address by speed with a direction to
report immediately in this Unit for duty, otherwise disciplinary action will be initiated against
him. Since, the Charged Official was OSL wef, 05.01.02016 and in spite of three call up
letters mentioned above at his home address through speed posts with a direction to report
immediately in this Unit but he neither responded to these call up letters nor rejoined duty
and deliberately continued his OSL at his own, hence, the charge memorandum vide letter
No.V-15014/CISF/SSG/Maj-36/(01)/Disc/2016-1339 dated 27.02.2016 was issued and
served to him at his Home address through Spl messenger, if any within 10 days of receipt of
the same. Moreover, Charged Official acknowledged the Charge sheet on 09.03.2016, but the
written representation in response to the aforesaid charge memorandum has not been received
by this office from the Charged Official even after expiry of the stipulated time period of 10
days and hence it was presumed that the Charged Official has nothing to say/represent in
response to the above said charge memorandum. As such, with a view to provide natural
justice to the Charged Official, it was considered necessary to appoint an Enquiry Officer to
enquire into the above said article of charge. Accordingly, Shri Dharmendra Kumar, AC/Exe
of this Unit was appointed as Enquiry Officer vide order No.V-15014/CISF/SSG/Maj-36/
(01)/Disc/2016/1913 dated 29.03.2016 in terms of sub-rule-5(b) of Rule-36 of CISF Rules-

2001 and Insp/Exe A.K. Singh was appointed as Presenting Officer vide order No. V15014/CISF/SSG/Maj-36/(01)/Disc/2016/1914 dated 29.03.2016.
03.
The case file A & B were received by Shri Dharmendra Kumar, AC/Exe, EO on
02.04.2016. E.O. had sent first preliminary hearing notice No.(1873) dated 06.04.2016 at
home address through registered post directing to appear for Preliminary hearing on
16.04.2016. In response of above enquiry notice charged official neither reported before
enquiry officer on 16.04.2016 nor send any information regarding not attending the enquiry.
Second preliminary hearing notice was sent to charged official at his Home address vide
letter No.(1986) dated 18.04.2016 through registered post directing him to attend the enquiry
which was to be held on 23.04.2016. In response of above enquiry notice charged official
neither reported before enquiry officer on 23.04.2016 nor send any information regarding not
attending the enquiry. A copy of 2nd Preiminary Hearing notice was also given to the SHO of
Police Station: Gumla, Disttt: Gumla, Jharkhand for serving to charged official at his native
place. The charged official in the preliminary hearing notices was directed that if he fails to
attend the enquiry on the date, time and place specified in enquiry notices, the enquiry will be
conducted ex-party on day to day basis, but the Charged Official did neither respond to the
above notices nor appeared before the Enquiry Officer on the given dates in enquiry notices
for preliminary hearing.
04.
The Charged Official again neither appeared before the Enquiry officer on 17.04.2015
nor refused to attend enquiry. The registered /speed post letters which were sent at leave
address were acknowledged by him, but even then he did not report for preliminary hearing.
Reasonable opportunities had been given to charged official for his defence, but he did not
care to appear before enquiry officer and didnt refuse to attend the enquiry. In view the
above, the enquiry officer was compelled to conduct Ex-party enquiry. The intimation of
conducting the ex-party enquiry from 07.05.2016 was intimated to Charged Official vide
Enquiry Officer notice No. (2114) dated 26.04.2016 through speed post No. EU 529478691
IN dated 28.04.2016 (PW-II/Esh-5) but the charged official did not report. Accordingly, the
Enquiry Officer conducted the enquiry ex-parte and recorded the statement of PWs on a day
to day basis in the absence of the Charged Official. The examination of Prosecution
Witnesses were completed on 11.05.2016 and examination of Court Witness was completed
on 14.05.2016. Enquiry notice No.(2560) dated 14.05.2016 for recording of defence
examination of Charged Official on 25.05.2016 was issued vide letter No.(2560) dated
14.05.2016 and sent to Charged Official at his home address through Speed post No.
EU529556155 IN dated 18.05.2016 (PW-2/Exh-7) but the charged official did not report.
As the charged official did not turn up at any stage during departmental enquiry and neither
informed his inability to come to departmental enquiry, therefore Enquiry Officer completed
the defence portion on 25.05.2016 and asked Presenting Officer to submit his brief note.
Presenting Officer submitted his brief note on 27.05.2016 and a copy of POs brief note was
sent to Charged Official at his Home address by Enquiry Officer vide memorandum No. VCISF/E.O./Disc/SSG/R.C. Oraon/2016-2816 dated 27.05.2016 through Commandant/CISF
Unit HEC Ranchi vide letter No. (2811) dated 27.05.2016. Charged Official has
acknowledged receipt of POs brief note on 09.06.2016 and the acknowledged copy was
forwarded to this Unit vide Comdt/CISF Unit HEC Ranchi letter No. (2516) dated
11.06.2016.
As no reply of POs brief note was received from Charged Official till
29.06.2016, the Enquiry Officer completed the DE and submitted case File A & B
alongwith Enquiry report to the Disciplinary Authority on 29.06.2016 holding the charge as
PROVED. As per procedure, a copy of enquiry report of Enquiry Officer for serving upon
the Charged Official was forwarded to Commandant/CISF Unit HEC Ranchi vide letter No.
V-15014/CISF/SSG/Maj-36/(01)/Disc/2016-4250 dated 01.07.2016 through speed post. The
Enquiry report of E.O. was served upon the charged official on 29.07.2016, for submission

of his written representation, if any, against the enquiry report within 15 days of receipt of the
same. No reply of enquiry report of E.O. has been received from charged official till date.
05.
I have carefully examined the DE proceedings and the enquiry report of the Enquiry
Officer, and found that the departmental enquiry has been conducted as per the laid down
procedure. The charged official was afforded all the reasonable opportunities to defend his
case and at no stage the natural justice was denied to the charged official. I have also found
that there is no procedural flaw or legal infirmity in the proceedings.
06.
Having regard to the evidences adduced during the course of departmental enquiry,
corroborative statements of all the PWs and exhibits of the case, I agree with the findings of
the Enquiry Officer in which the article of charge framed against the Charged Official
(Const/GD Dhani Ram Uikey) vide charge memorandum No.V-15014/CISF/SSG/Major-36/
(02)/Disc/2014-4021 dated 31.12.2014 has been held Proved. The record reveals that No.
004700296 Const/GD Dhani Ram Uikey of CISF Unit, SSG, Greater Noida (UP) was
sanctioned 45 days Earned Leave w.e.f. 15.09.2014 to 29.10.2014 by the Competent
Authority. After expiry of the said leave he was supposed to report for duty at CISF Unit,
SSG, Greater Noida, U.P. on 30.10.2014(FN) but he failed to do so and has been overstaying
w.e.f. 30.10.2014 till date without any permission/intimation of the Competent Authority. In
this regard, four call up letters issued vide No.(3074) dated 01.11.2014 (PW-2/Exh1), No.
(3186) dated 12.11.2014 (PW-2/Exh-2), No. (3573) dated 27.11.2014 (PW-2/Exh-3) and No.
(3925) dated 18.12.2014 (PW-4/Exh-1) were sent at his home address/leave address by
speed/registered post directing him to report immediately at the unit for duty, but, he did not
report for duty and deliberately continues his unauthorized absence on his own defying and
disregarding the orders lawfully issued by the competent authority. The above facts have been
confirmed by the PW-I (Insp/Exe Amarendra Kumar Singh, RI SSG), PW-2 (Insp/Min
Mahender Singh Yadav, I/C Document Sec) and PW-3 (ASI/Exe Balu Singh, I/C Control
Room) in their respective statements in the duly conducted departmental enquiry in the
instant case.
07.
The offence like OSL and disobedience of orders lawfully issued by the competent
authority particularly in an Armed Force of the Union like CISF is a very serious offence and
the offender certainly warrants punishment. Overstaying from sanctioned leave without prior
permission/intimation, cogent reason and justifications for such a prolonged period in an
Armed Force of Union like CISF, where discipline is of paramount importance, is a grave
offence. The Charged Official has been afforded all reasonable opportunities at every stage to
defend his case. In view of the forgoing discussions, facts and circumstances of the present
case, the proven charge against the Charged Official in the present case is serious in nature.
This shows that the Charged Official Const/GD Dhani Ram Uikey is not interested to serve in
this organization. He, by his own act has rendered himself un-worthy and unfit for further
retention in the Force. I am of the considered opinion that retention of such indiscipline and
irresponsible person in the Force will not be in the interest of the organization but also give
wrong signal to other personnel.
08.
Therefore, in exercise of powers conferred upon me under Rule-32, read with
schedule-I of CISF Rules-2001 hereby impose the punishment of Removal from service
which shall not be a disqualification for further employment under the Government
on CISF No. 004700296 Const/GD Dhani Ram Uikey of SSG, CISF, Greater Noida (U.P)
with immediate effect.
09.
rule.

The OSL period of w.e.f. 30.10.2014 to till date will be regularized separately as per

10.
If aggrieved with the aforesaid order, No. 004700296 Const/GD Dhani Ram Uikey
may prefer an appeal within 30 days of receipt of the order to DIG CISF Unit SSG Greater
Noida (U.P.).
11.
cost.

Original copy of this order shall be supplied to the individual concerned at free of

dekaMsaV@,l,lth

dsvkSlqc bdkbZ ,l-,l-th-]


xzsVj ukS,Mk
izfr]

No. 004700296
: through Special Messenger/ by post
Const/GD Dhani Ram Uikey
S/O Shri. Bir Sigh Uikey
Leave add: Plot no. 572, Q. No. H/2/5/3 BSP Bhilai Plant
CISF Unit BSP Bhilai.
Permanent Add :
: by registered/speed post
Vill: Borja, PO: Narayan Ganj, PS: Tikkaria
Distt: Mandala, State : (M.P.)
Copy to: 1.
3.
5.
7.
9.

Document Section (Personal file)


Account Section
NGF Section
QM
Ack copy.

N.O.O:
The Inspector General/Airport Sector,
CISF HQr, CGO Complex, New Delhi

2.
4.
6.
8.

Bill Section Adm Section


RI
D.E. Case file

- for kind information w.r.t. APS HQr ltr.


No. (2064) dated 23.10.2009.

mi egkfujh{kd dk dk;kZy; dsUnzh; vkS/kksfxd lqj{kk cy


,l,lth] xzsVj ukS,Mk
vUrj dk;kZy; fVIi.kh

vuqkklu vuqHkkx
la0 oh&15014@dsvkSlqc@,l,lth@estj&36@06@vuq@2015&
fnukWad% @07@2015
SUB: :- SERVICE OF CALL UP NOTICE

: REG

No. 004700296 Const/GD Dhani Ram Uikey of Adm Group of this Unit is
overstaying leave (OSL) overstaying leave unauthorisedly w.e.f. 30.10.2014 till date
without any permission/intimation of the Competent Authority. Final order No. (3791) dated
30.07.2015 is required to be served upon the said Constable through Spl messenger at the
following leave address of the Constable :No. 004700296
Const/GD Dhani Ram Uikey
S/O Shri. Bir Sigh Uikey
Leave add: Plot no. 572, Q. No. H/2/5/3 BSP Bhilai Plant
CISF Unit BSP Bhilai.
02. The competent authority has directed that a Spl messenger be
detailed to serve the call up letter at his address ibid.
03. In view of the above, you are directed to intimate, immediately to
Disc Section the name of one person to be sent at leave address of
Const/GD Dhani Ram Uikey to serve final order to him under proper
receipt at his above mentioned address.
04.

This may be treated as MOST U4RGENT.

/
To
In-charge, Ops Control Room
CISF Unit, SSG, Greater Noida, U.P

Potrebbero piacerti anche