KISHAN PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought the quashing of charge sheet dated 11th March, 2006, the inquiry report dated 9th September, 2006, the order dated 6/7th December, 2006 and the orders dated 29th May, 2007 and 5th November, 2007 passed by the respondents removing the petitioner from the service and has also sought directions to the respondents to reinstate the petitioner back in service with all the consequential benefits of pay, arrears of pay-salary and seniority etc. and to treat the suspension period as well as the period from 9th September, 2006 when the petitioner was removed from service till the date of reinstatement as period spent on duty for all intents and purposes.

(2.) THE relevant facts to comprehend the controversies are that the petitioner had joined as Constable in the Central Industrial Security Force (CISF) on 27th August, 2001. A charge sheet dated 11th March, 2006 was issued against the petitioner imputing that while he was deployed at the CISF Unit, CSI Airport, Mumbai for ?Stamping Duty?at the X-ray Baggage Inspection System (X-BIS) No.1 in the Security Hold Area (SHA) 16-19 of Terminal -2C, during the course of night shift duty from 2000 hours on 23rd February, 2006 to 0800 hours on 24th February, 2006 he concealed one mobile phone (make Nokia) belonging to a lady passenger namely, Mrs. Dela Court bound to fly by Flight No.AF-135 at about 0115 hours on 24th February, 2006 while conducting pre-embarkation security check of her hand bag through the X-BIS No.1. THE act of the petitioner was said to have amounted to gross misconduct, doubtful integrity and dereliction of duty.

(3.) THE Inquiry Officer after conducting the inquiry submitted his report with the findings on 23rd August, 2006 holding that the article of charge framed against the petitioner was proved. During the inquiry, an Assistant Commandant, Sh.D.S.Shukla as PW1, Inspector/Exe. R.S.Molfa as PW-2, Inspector/Exe. Sh.T.G. Chandrasenan as PW-3, SI/Exe M.Gopinathan as PW-4, SI/Exe. Nagender Singh as PW-5 and Constable Md.Ilyas as PW-6. SI/Exe. Sanjay Kumar as CW1 and SI/Exe. Shivender Kumar as CW2 were examined as Court witnesses. All the witnesses who appeared before the Inquiry Officer were cross-examined on behalf of the petitioner. THE documents pertaining to the copy of the X-BIS rotation register for "B" Coy Terminal 2C for the night shift dated 23rd February, 2006, the extract of G.D. No. 487 dated 24th February, 2006 made at 0220 hours at Terminal 2C by Inspector/Exe T.G.Chandrasenan and the Xerox copy of passenger appraisal register (Visitor book) dated 24th February, 2006 reflecting that Mrs.Dela Court had received her mobile phone were proved during the inquiry.