SHYAM KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Thought the matter was taken up for hearing on I.A. No.2 which is an application for vacating stay of the interim order granted by this Court on 19/3/2020, but with the consent of the parties the matter was finally heard.

(2.) The whole dispute in the present writ petition revolves around the initiation of the departmental enquiry against the petitioner for an alleged act of being involved in a theft of copper wires from the establishment of Bhilai Steel Plant, a subsidiary of the Steel Authority of India. The petitioner in the present writ petition presently under suspension was working as a Head Constable at the Central Industrial Security Force (CISF) at Bhilai. He was posted at the Bhilai Steel Plant at Bhilai, Durg.

(3.) The petitioner was implicated in a criminal case and an FIR lodged on 19/1/2020 for the offence under Sec. 380 in respect of an incident that took place on 28/12/2019. Subsequently, the petitioner was arrested and was sent to jail. The Department meanwhile issued a charge-sheet to the petitioner on 5/2/2020 alleging three charges against the petitioner, which according to the respondents would be act of unbecoming of a personnel under the CISF. Based on the charge-sheet, the Department has taken a decision for conducting a departmental enquiry against the petitioner.