NARENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought quashing of penalty of "censure" awarded by order dated 9th December, 2009 and dismissal of his appeal by order dated 15th May, 2010 and rejection of his revision petition by order dated 3rd February, 2011. The petitioner has also sought directions to the respondents to give the petitioner one more opportunity to appear in LDCE for the post of Assistant Commandant in future, as he was deprived of this opportunity when he had applied on 10th November, 2009.

(2.) The petitioner was issued a charge memorandum dated 14th November, 2009 imputing that the petitioner on 20th October, 2009 was posted at Domestic Airport from 0330 hours to 0700 hours, however, he reached his place of duty at 0405 hours instead of 0330 hours and thereafter, he remained absent from 0520 hours to 0535 hours from his frisking duty. He was posted at X Ray machine No.H where he did not take interest in his duty and intentionally operated X Ray machine slowly. The other charge imputed against the petitioner was that on 2nd November, 2009, the petitioner was posted from 0700 hours to 2000 hours on X Ray machine of terminal 2 and during his period of duty he remained absent without permission from any competent officer from 0759 hours to 0833 hours. The third charge imputed against the petitioner was that on 3rd November, 2009 he was posted from 2000 hours to 0700 hours at X Bis No.5 in SHA of terminal 2. It transpired that the petitioner on his own left X Bis No.5 for checking baggages separately which was checked by Constable A.K.Sharma.

(3.) The petitioner submitted a reply dated 17th November, 2009 contending, inter-alia, that he was posted at NITC for duty prior to his posting for duty at domestic Airport. However, no time was prescribed for going from NITC to Domestic Airport. Whenever the transport was provided and he was relieved from NITC, he went from NITC and joined the duty at domestic terminal. He further contended that he did not close frisking booth and X BIS/frisking was functioning. He contended that he left for bathroom for 6 minutes after obtaining permission from Assistant Commandant. Regarding the first charge that he operated the X Ray machine slowly, the petitioner alleged that functioning of the machine depends on the type of baggage. He submitted that if any delay took place it was on account of the factors other than the petitioner deliberately operating the machine slowly.