UNION OF INDIA Vs. YATEENDRA SINGH JAFA

JUDGEMENT

(1.) THE petitioners have challenged the judgment dated 25th July, 2007 passed by the Central Administrative Tribunal, Principal Bench, New Delhi quashing the charge-sheet dated 12th August, 2004 and the suspension order dated 24th November, 2003, as well as the subsequent proceedings initiated against the respondent and directing the petitioners to promote the respondent to the grade of DGP from the date his immediate junior Sh. Singarabal was promoted w.e.f. 22nd March, 2002 if found fit by the Selection Committee, with all consequential benefits.

(2.) THE brief facts as to comprehend the disputes are that the respondent is an officer of the Indian Police Service of 1967 batch of the Maharashtra Cadre. He was on central deputation and was, therefore, posted in the BSF as IG, Srinagar from 1991-92. On the intervening night of 23rd -24th March, 1992, a raid was conducted by the 116thBn BSF in the house of one Mohd. Maqbool in Srinagar. In the said operation some terrorists were also apprehended. The raiding party had seized huge quantities of arms, ammunitions, jewellery and other items from the terrorists hideout. According to the petitioners, the seized items were not listed properly and the discrepancies were brought to the notice of the respondent. The respondent had also written to Sh. Ashok Kumar, DIG, on 31stMarch, 1992 directing him to submit a report on the seized articles.

(3.) IN the meantime, a proposal was sent from the BSF to the Ministry of Home affairs to invoke the provisions of Article 311(2)(c) of the Constitution of India against the respondent, which was duly examined and approved by the Competent Authority on 21st May, 1993. The case was thereafter sent to the Committee of Advisors, who also approved the same on 16th July, 1993.