Jayanti Devi Urmaliya Vs Union of India (Jharkhand High Court)
Jharkhand High Court, in the case of Jayanti Devi Urmaliya Vs Union of India, has modified the dismissal order of a late Central Industrial Security Force (CISF) personnel, converting it to compulsory retirement. The ruling came in response to a writ petition filed by the deceased personnel’s widow, challenging the legality of the dismissal which occurred after a departmental inquiry despite his acquittal in a related criminal case.
The case originated from events in 1997 when the petitioner’s husband, a CISF personnel stationed at BCCL Dhanbad, was jailed on June 16, leading to his immediate suspension. A charge memo was subsequently issued on October 13, 1997, levelling four charges against him. These included failing to report for ‘C’ shift duty without intimation, the alleged pilferage of 11 pistons from the Zonal Transport Workshop on the night of June 15-16, 1997, unauthorised absence from duty for 36 days, and a general charge of habitual misconduct based on previous instances.
A departmental inquiry was initiated to investigate the charges. During the inquiry process, the inquiry officer was changed mid-proceedings, a point later raised by the petitioner as an indicator of unfairness. The inquiry report was eventually submitted in January 1999. The personnel submitted a detailed reply on February 17, 1999, in which he contended that his request to examine key defence witnesses was not granted by the inquiry officer.
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