The Manipur High Court on Tuesday directed the Union of India, DG of CISF and CO of CIS, Unit Oil Duliajan, Dribugarh, Assam to reinstate a Central Industrial Security Force (CISF) constable in service forthwith with all consequential benefits.
Tensubam Khomei Singh, aged about 40 years, son of (L) T Mohan Singh, CISF No 964651076, a resident of Ningomthongjao Kitnapanung, Imphal East, was dismissed from service by issuing the order on September 25, 2009 as he created state of fear by instigating and threatening fellow CISF personnel by eulogizing his action of defiance against a Gazetted Officer.
However, he was dismissed from service without holding any departmental enquiry as mandated under Rule 36 of the CISF Rules, 2001 and without affording him any opportunity of defending himself.
The constable filed a petition before the High Court to quashed the order of his dismissed.
The High Court, after hearing submission from counsels, stated there is total absence of sufficient materials or good grounds for dispensing with the enquiry and that the reasons given by the authorities for dispensing with the enquiry are totally insufficient in law.
And, the order is contrary to the materials available on record and the reasons are not fortified by any independent material to justify the dispensing of the enquiry envisaged under Rule 36 of the CISF Rules, the HC maintained.
Considering the facts and circumstances, the impugned order of 2009 is quashed and set aside, the HC stated and directed the reinstatement of the constable in service forthwith with all consequential benefits.
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