SURENDRA KUMAR RAI Vs. UOI

JUDGEMENT

(1.) ON 04.11.2007, a sting operation was televised on the news channel ,,India TV, wherein a jawan in uniform was shown receiving bribe. It was alleged that the jawan was a member of the Central Industrial Security Force (CISF) and that he was taking bribe from a civilian to permit entry into the precincts of the Indian Oil Corporation Refinery at Panipat.

(2.) IT was highlighted in the Sting Operation that the Government of India spends crores of rupees of tax-payers money to raise a Force charged with the duty to protect important and vital installations belonging to the Government and Public Sector Undertakings and that rather than protect these installations, members of the force were making illegal gains by permitting all and sundry to freely enter the Public Sector Undertakings. IT was sought to be highlighted that security of public installations in which millions of rupees were invested by the Government were under threat of terrorists and how easy was it for anybody to breach the security.

(3.) PETITIONER denied the charge and finding the same to be unsatisfactory, the Disciplinary Authority decided to hold a departmental inquiry and vide order dated 26.11.07 appointed Shri Om Prakash, Deputy Commandant CISF Unit Panipat as the Inquiry Officer. But before he could proceed with the inquiry, vide letter dated 27.12.2007 the Inspector General CISF directed the Inquiry Officer to first conduct further preliminary inquiry, however, none was conducted for the reason it was followed by another letter directing the inquiry officer to proceed with the regular inquiry proceedings. Thus, the Inquiry Officer served a notice upon the petitioner requiring him to attend the inquiry proceedings on 6.2.2008.