MEHTAB SINGH Vs. UOI

JUDGEMENT

(1.) THE petitioner was appointed as a constable with the Central Industrial Security Force (CISF) in the year 1990 and after various postings he was posted at the CISF Unit, HFCL Barauni. On 13.1.1997 along with Ct K.R.S.Mai and Naik Jagdish Baitha he was detailed at the HFCL Main Gate for duty and undisputably one of the function assigned to the three was to frisk all those who would leave the precincts of HFCL Barauni to ensure that nothing was illegally taken out. At about 19.00 hrs, when petitioner and Naik Jagdish Baitha were admittedly on duty at the main gate and Ct.K.R.S.Mai had been sent away from the main gate by HC R.B.Mehto, one Kameshwar Sharma an employee of HFCL Barauni was statedly intercepted by SI R.K.Prasad and HC S.N.Rai as he emerged out of the main gate and was found carrying, in a plastic gunny bag, concealed within the folds of a blanket draped around his torso, 4 iron plates i.e. the goods allegedly belonging to HFCL Barauni. THE said two i.e. SI R.K.Prasad and HC S.N.Rai, brought Kameshwar Sharma to the main gate and he statedly named the petitioner as the force personnel who had connived with him, for illegal gain, to take out the 4 iron plates upon a promise by Kameshwar Sharma to give one out of the 4 plates to the petitioner. Naik Jagdish Baitha told at the spot that it was the petitioner who had frisked Kameshwar Sharma and permitted him to leave. Petitioner statedly admitted at the spot having frisked Kameshwar Sharma but denied that Kameshwar Sharma was carrying any bag much less containing 4 iron plates. Ostensibly Kameshwar Sharma made a confessional statement, which was reduced into writing, admitting not only his guilt but even the complicity of the petitioner.

(2.) IT appears that a preliminary informal inquiry was held at which HC R.B.Mehto the person in charge of the security at the relevant point of time told that Ct. K.R.S.Mai was sent by him at another duty post which fact was corroborated by Naik Jagdish Baitha.

(3.) AT the inquiry, 6 prosecution witnesses were examined and 2 additional witnesses were examined upon request of the petitioner made to the inquiry officer on 24.11.1997. Further, 5 documents were exhibited which were marked Ex.P-1 General Diary, Ex.P-2 Identification Parade Report, Ex.P-3 property seizure list, Ex.P-4 Duty Slip in the name of the petitioner and Ex.P-5 the confessional statement of Kameshwar Sharma which not only implicated Kameshwar Sharma but even the petitoner.