RAVINDER SINGH Vs. UOI & ORS.

JUDGEMENT

(1.) THE petitioner, under Article 226 of the Constitution of India challenges his dismissal from the Indo Tibetan Border Police, ("ITBP) dated 5 -5 -2001, as illegal and disproportionate. The Petitioner joined ITPB as Constable (GD) on 01/04/1994. On 26/12/1999 he was issued a movement order to proceed to ITBP Academy, Mussoorie to attend the Commando course starting on 3/1/2000. On 27/12/2999 the Petitioner, along with another constable (GD), Mahender Singh (Escort) left for the course, with arms/ammunition and was given departure to TC Chandigarh with the direction to leave TC Chandigarh to ITBP Academy on 30/12/1999. On 29/12/1999 the Petitioner left for his hometown along with arms/ammunition. On 2/1/2000 he left his home to report to the ITBP Academy, Mussoorie. He boarded the bus from Meerut and reached the ITBP Academy the same day but his 9mm pistol, BUT, body, magazine, cleaning rod and pistol pouch were missing upon his reaching the destination. The Petitioner again left for his house. On 4/1/2000 the Petitioner reported back to the ITBP Academy. On 5/1/2000 he informed the CHM (Commando Course) and also to the Commandant (CW), ITBP Academy Mussoorie about loss of arms and ammunition. The same day the petitioner went along with Adjutant of Academy to PS Mussoorie and lodged an FIR regarding loss of pistol.

(2.) ON 6/1/2000 the Petitioner was placed under suspension; disciplinary proceedings were ordered against him. An Enquiry Officer was appointed and the statements of Constable Ravinder Singh and Constable Mahender Singh were recorded on 07 -01 -2000. The E.O. examined the delinquent person and submitted his findings/report for further necessary action. The statements of two witnesses, PW -1 and PW -2 were recorded on 19/12/2000. On 20/12/2000 the statement of PW -3 was recorded. On 21/12/2000 the statement of PW -5 and PW -6 were recorded. On 22/12/2000 the statement of Petitioner was recorded. ITPB directed on 1/5/2001 that a Summary Force Court to be held on 04/05/2001 to try the Petitioner under Sections 35(b), 43 & 21(d) of ITBP Act, 1992 for the misconduct alleged. On 05/05/2001 the punishment order of removal from services was passed by the Commandant Second Battalion ITBP. The petitioner was aggrieved, and preferred an appeal to the Director General; this was however rejected on 24th August, 2001. On 19/09/2001 the Petitioner preferred a revision petition to the Director General, ITBP against the orders passed by the Commandant and the DIG, imposing the penalty of removal from services and rejection of his appeal. No order was passed by the Directorate General, ITBP on the revision petition even after the lapse of six months. Consequently the petitioner approached this Court by filing the present writ petition.

(3.) THE charge of violation of Section 35 was based on the allegation that on 27/12/2999 the Petitioner along with Constable/GD Mahender Singh (Escort) and with Arms/ammunition was given departure to TC Chandigarh with the direction to leave TC Chandigarh to ITBP academy on 30/12/1999. But on 29/12/1999 he left for his hometown along with arms/ammunition without escort, proper leave and permission of the competent authority. While proceeding to the ITBP academy from his home, the petitioner lost his 9mm pistol BUTT No. -2, Body No. -T -13564, Magazine -01 (one) including one spare, cleaning rod and pistol pouch. The charge of absence without leave, under Section 21 was based on the allegation that the petitioner had to leave to the ITPB Academy on 30th December, 1999; he failed to report to the Academy in time, and reported 6 days late, on 5/1/2000 and kept himself absent for 6 days without sufficient cause. Likewise the charge of violation of good order and discipline was based on the allegation that the petitioner left for his hometown without escort, proper leave and permission of the competent authority.