Sudip Ahluwalia JUDGMENT
Sudip Ahluwalia, J.
1. The Writ petitioner is a CIFS Constable lastly attached to the DMRC Unit at Delhi. The background of the matter is that on 10.10.2013 he was on duty at the Metro Station in Delhi. At that time some persons in plain clothes asked him about the location of the Railway Reservation Counter/Office. The petitioner allegedly acted in a rude aggressive manner with the person concerned who then revealed that he himself was a CISF Personnel. It was alleged that the petitioner assaulted that person without any reason or provocation, although the allegation was disputed by the petitioner. His contention on the other hand was that the other person in plain clothes raised his hand to assault the petitioner, and so he had to act in self-defence as he was not aware of the assailant's identity, and was himself carrying his Service weapon which had to be protected. Nevertheless, a scuffle did take place after which other Personnel of the CISF present near the spot separated them. The petitioner was thereafter produced before the Superior Officers. Disciplinary proceedings were then drawn up against him. The Charge against him was as follows-
"Force No. 061340060 Ct./In charge P.K. Modak (Susp), Yellow Line, CISF unit DMRC, Delhi had a fight with the Head Constable/In Charge A.C. Co. while in duty in the first shift at the south side of New Delhi Metro Station on 01.10.2013 at 09.58 hrs. The said force member exercised force during his posting at a public spot, which caused breach of peace at the Metro Station and tarnished the image of the force. Hence this act by Force No. 061340060 Ct./In charge P.K. Modak shows grave negligence towards duty, indiscipline, misconduct and bad conduct."
2. The concerned Enquiry Officer (Assistant Commandant/QRT) found the aforesaid charge against the petitioner proved, in his Enquiry Report submitted on 30.12.2013. On the basis of the Enquiry Report, the Disciplinary Authority i.e., Commandant/Ops, CISF Unit DMRC Delhi passed an Order for of dismissal of the petitioner from service after observing-
"10. The charge force member is liable for stringent punishment for his act because on 01.10.2013 while on duty at the New Delhi Metro Station on being asked the way to railway reservation by a force member working in green line on around 09.58 hrs. He did not reply properly and on being asked again he started arguing and openly assaulted HC/GD AC Coe with kicks and punches. If the charged force member was facing some hindrance during duty then he should have immediately informed the shift in-charge, metro control or higher officers but he did not do so and without self-discretion manhandled HC/GD AC Coe corroborated by PW Nos. 02, 03 & 04 and exhibits produced by them. The charged member belongs to a trained force, he should have used his discretion and patience not become suddenly agitated and started an assault. His behaviour has tarnished the image of the force. The act of the charged force member is of a serious nature because the metro is a very important institution and all classes of people commute all the time so he should have used his patience. To behave like this before the general public is contrary to discipline and directly impacts the image of the force. Hence I the undersigned on the basis of the documentary evidence and circumstantial evidence come to the conclusion that the act of the charged force member is condemnable because on seeing the CCTV footage it is clear that he has brutally assaulted PW 2 and constantly punched and kicked him. This is not expected from the member of a trained armed force. His act is unpardonable for which he is liable for stringent punishment. In exercise of the powers under schedule 1 of Rule 32 and Rule 34(ii) of the CISF Rules 2001 the undersigned am passing an order of removal from service with immediate effect against Force No. 061340060 Ct./GD P.K. Modak, Yellow Line, CISF Unit, DMRC Delhi as punishment."
3. The petitioner thereafter appealed against the above order of the Disciplinary Authority, being the DIG, CISF Unit, DMRC Delhi. But his appeal was rejected by the appellate authority who in his Order dated........