RAM KARAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The factual backdrop necessary to be noted to dispose of the above captioned petition is that on November 21, 1962 the petitioner was enrolled in CRPF. On March 27, 1998 the Deputy Inspector General of Police, CRPF (Disciplinary Authority of the petitioner) issued a charge sheet to the petitioner listing out one article of charge.

(2.) In a nutshell, the gist of the charge framed against the petitioner was that while functioning as officiating Officer Commanding SWS, Guwahati he presented bills totaling Rs.1,27,423/-, pertaining to repairs of four vehicles (Mahindra Allwyn Nissan) for payment (withdrawal action) in the office of Additional DIGP, GC, CRPF certifying their satisfactory repair, though one of the vehicles was yet to come for the workshop where it was sent for repairs, and other three vehicles were not satisfactorily repaired. The details of four vehicles mentioned in the charge sheet as also the date of the bill and its presentation by the petitioner are being tabulated herein under:- S. No. Number of Vehicle Name of Workshop Date of bill/Return of vehicle from workshop Date of presentation of bill by petitioner 1. PB-08-D- 2912 M/s Amreeta Enterprises, Six Mile, G.S. Road, Guwahati 29.08.1997 20.01.1998 2. PB-08-D- 2950 M/s Amreeta Enterprises, Six Mile, G.S. Road, Guwahati 09.09.1997 04.03.1998 3. PB-08-D- 2957 M/s Amreeta Enterprises, Six Mile, G.S. Road, Guwahati 09.09.1997 04.03.1998 4. DL-IL-7631 M/s Anku Enterprises, Ullubari, G.S. Road, Guwahati 15.11.1997/April, 1998 04.03.1998

(3.) Vide a letter dated April 13, 1998 addressed to the Disciplinary Authority the petitioner denied the charge framed against him. It was contended by the petitioner that he had clearly instructed his subordinate officer, SI (M) G.N. Rao and HC/Driver Dinanath Mahto not to send the bills pertaining to the four vehicles in question to the Group Centre for payment, till the vehicles were satisfactorily repaired by the concerned workshop(s) but his subordinate staff defied said instructions and sent the bills in question for payment to the Group Centre. Due to his heavy workload he could not check bills in question at the time of their dispatch; however when he came to know about the dispatch of said bills he immediately wrote letter dated March 09, 1998 to the Group Centre for stopping clearance of said bills.