D.K.SINGH Vs. UOI

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has assailed the order dated 13th June, 2008 passed by the disciplinary authority accepting the recommendations dated 12th May, 2008 made by the Enquiry Officer on conclusion of disciplinary proceedings against the petitioner. The petitioner has also assailed the order passed on 9th April, 2009 by the appellate authority rejecting his appeal and the order dated 11th January, 2010 made by the revisional authority.

(2.) There is no material dispute to the facts giving rise to the present petition.

(3.) It appears that the petitioner was working as a Sub Inspector with the Central Industrial Security Force and was posted as X-Ray Baggage Inspection System (X-BIS) at the Indira Gandhi International Airport, New Delhi on the 25th of July, 2007, between 0700 hrs. to 2000 hrs. At that time, Inspector/Exe R.S. Shekhawat was deployed as the Inspector In-charge of Security Hold Area (SHA) 1A at the said airport. The petitioner was deployed as Trained Staff No.2 to monitor X-Ray Machine Screen while SubInspector K.B. Kopuri was deployed as Trained Staff No.3 (for manual search) at point SHA (IA) X-BIS No.2. The petitioner monitored the baggage of a passenger, Mr. Sudesh Kumar Gulati on the X-Ray machine. As the baggage image showed something in orange colour and dark, there was suspicion of huge cash amount or explosive being carried by the passenger. As such the petitioner requested the said passenger to go for manual search of his bag to which passenger requested his baggage check to be conducted in privacy.