BISHAMBER NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Pithily stated the factual matrix concerning the writ petition is that in the year 1984 the petitioner was working on the post of Assistant Commandant in CRPF and posted at Group Centre-I, CRPF, Ajmer where he was performing the duties of Accounts Officer. At that time, Additional DIGP S. P. Sharma, Insp. (M) D. H. Karamchandani and SI(M) Ram Gopal Sharma were working as Head of Office, Head Clerk (Budget) and Cashier respectively. Whereas the petitioner was the in-charge of Accounts Section, Insp. (M) D. H. Karamchandani was responsible for the proper functioning of cash section of the Group Centre. SI Ram Gopal Sharma used to work under the supervision of the petitioner and Insp. (M)D. H. Karamchandani.

(2.) In the year 1984, SI(M) Ram Gopal Sharma, the cashier, is stated to have had embezzled money at the Group Centre-I. A Court of Inquiry was convened to inquire into the alleged embezzlement committed by SI(M) Ram Gopal Sharma, which Court of Inquiry submitted its report in the year 1996 and blamed the petitioner, Addl. DIGP S. P. Sharma and Insp. (M) D. H. Karamchandani for lack of supervision and negligence. No evidence of said three officers being a party to the embezzlement surfaced.

(3.) Nearly 4 years thereafter, on August 07, 1990 a charge memo was issued to the petitioner for initiating an inquiry under Rule 14 of the CCS (CCA) Rules, 1965 with respect to the embezzlement of money stated to have been committed by SI(M) Ram Gopal Sharma. Relevant portion of the charge as also statement of imputation reads as under:-