WP(C) No. 273 of 2016. Case: Roshan Thakuri Vs The Union of India and Ors.. Meghalaya High Court

Case NumberWP(C) No. 273 of 2016
Party NameRoshan Thakuri Vs The Union of India and Ors.
CounselFor Appellant: K.C. Gautam, Adv. and For Respondents: R. Deb Nath, CGC
JudgesS.R. Sen, J.
IssueCentral Industrial Security Force Act, 1968 - Section 9(2A)
Judgement DateFebruary 02, 2017
CourtMeghalaya High Court

Judgment:

S.R. Sen, J.

  1. Heard learned counsel for the petitioner, Mr. KC Gautam as well as learned CGC, Mr. R. Deb Nath. The petitioner's case in a nutshell is that:

    The case of the petitioner in a short compass is that he was recruited into the Central Industrial Security Forces at a recruitment rally held at Umroi, Ri-Bhoi District, Meghalaya sometime in the year 1990 and has since been posted at various CISF Units across the length and breadth of the country.

    That the Central Industrial Security Force was constituted by an Act of the Parliament (Act No. 50 of 1968). The CISF is constituted primarily as a regulated armed force of the Union of India to provide for protection and security of Industrial undertakings owned by the Union Government and other important industrial undertakings in the country, for the purpose of administrative efficiency the CISF is divided into four Administrative Zones, with each zone entrusted with the administration of units attached to it. The CISF Units, falling within the North Eastern Region have their administrative Head Quarter at Kolkata, in the State of Meghalaya the CISF Unit is stationed at Umroi airport and North East Space Organization (NESO), Ri-Bhoi District, Meghalaya.

    That during the year 2010 the petitioner was posted at CISF Unit OIL, Duliajan, Assam. On 18-02-2010 while the writ petitioner was detailed at shift duty from 0500 hrs to 1300 hrs, at Railway Gate Industrial Sector, OIL, Duliajan, Assam, at about 0800 hrs he was requested by Head Constable G.B. Baleswar posted at LPG Gate watch tower which is about 50(Fifty) footsteps from the Railway Gate for help to make entries of LPG Bullets Vehicles. The petitioner while obliging to the request made was proceeding to his post after making the entries, one Senior Inspector Mr. Kanikar arrived at the scene and demanded explanation from the petitioner as to what he was doing at the LPG Gate when he was supposed to be detailed at Railway Gate as per duty roster. Inspector Kanikar did not accept the explanation forwarded by the petitioner and was infuriated not finding the petitioner at his detailed post, Inspector Kanikar charged the petitioner for being in a state of intoxication thereafter the petitioner was taken to the control room and later to the OIL Hospital where a Ward Boy conducted breath analyzer test on the petitioner and thereafter the petitioner was once again taken to the control room where he was ordered as suspended with...

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