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1. The petitioner was appointed as a Head Constable (Driver) in CISF on June 09, 1984. Vide memo dated August 06, 1992, the petitioner was charge- sheeted as under:-
"ARTICLE-I Gross misconduct and an act of indiscipline in that No.8448011 HC/Dvr Kiran Singh of CISF Unit, NCPP Vidyut Nagar (Fire Wing) Dadri under the influence of liquor on 3.5.91 at around 20:00 hrs. assaulted HC/GD KX Singh, CHM in the unit lines and created nuisance in unit lines. Hence the charge.
ARTICLE-II Gross misconduct and an act of indiscipline in that No.8448011 HC/Dvr Kiran Singh of CISF Unit, NCPP Vidyut Nagar (Fire Wing) Dadri was detailed for „C‟ shift duty on 3/4.5.92 from 21:00 hours to 05:00 hours. He did not attend the same and unauthorizedly withdrew from duty without any information and permission from the competent authority. Hence the charge.
ARTICLE-III Gross misconduct and an act of indiscipline in that No.8448011 HC/Dvr Kiran Singh of CISF Unit, NCPP Vidyut Nagar (Fire Wing) Dadri deserted from CISF Unit Lines on 4.5.92 and remained absent from duty upto 26.5.92. Hence the charge.
ARTICLE-IV Gross misconduct and an act of indiscipline in that No.8443011 HC/Dvr Kiran Singh of CISF Unit, NCPP Vidyut Nagar (Fire Wing) Dadri is a habitual of over staying and had earlier been OSL/AWL for two times and despite being given an opportunity to improve upon himself he proved to be incorrigible. Hence the charge."
2. A perusal of the four articles of charge make it clear that pertaining to the alleged misconduct it was only articles I to III which were the subject matter of the indictment. Article IV of the charge was by way of it being brought to the notice of the petitioner that the past service record would be considered against him. The reason being that unless it is told to the charged officer that even his past service record would be considered so that he may have an opportunity to give his version thereon as to why the past conduct is irrelevant, it may amount to a denial of principles of natural justice to consider the past service record.