FAUJA SINGH Vs. UOI & ORS.

JUDGEMENT

(1.) WORKING as an Inspector with Central Industrial Security Force (CISF), a charge memo was served upon the writ petitioner on August 06, 1997 listing three charges as under: -

(2.) SI G.S. Kanjilal PW -1 deposed that on the day of the incident i.e. April 23, 1996 one Dipak Biswas (PW -10) visited Hirapur Police Station along with SI S.K. Deb (PW -11) and informed him that on April 18, 1996 at about 17:15 hours one Debabrata Kanjilal DW -4 (also known as Debu) visited his native house and demanded Rs.40,000/ - (Rupees Forty Thousand only) as illegal gratification for appointment as a Constable in the CISF. He told that he was sent by the petitioner and asked Dipak Biswas to pay him the said amount at his quarter in New Town latest by April 23, 1996. At this, he visited Kolkata and apprised the DIG about the incident. The DIG directed him to visit Hirapur Police Station along with SI S.K. Deb. Dipak Biswas was carrying currency notes worth Rs.5,000/ - (Rupees Five Thousand only). As directed by the ASP (Asansol) he laid a trap to nab Debabrata. As a part of the trap SI S.K. Deb and Dipak Biswas had affixed their signatures on five of the said currency notes. Thereafter, he left for New Town along with Dipak Biswas, SI S.K. Deb and two other officers. They reached New Town at around 12:05 hours. Dipak Biswas and SI S.K. Deb (who was in civilian clothing) entered Quarter No. C/1/8 belonging to Debabrata. The other officers stood by outside the quarter. After around 15 minutes he entered the quarter along with two witnesses. On searching Debabrata they found the aforementioned amount of money in his right pocket. He prepared a seizure list with respect to the money and obtained the signatures of the witnesses and officers present. He also seized a chit containing the names and particulars of six candidates (including Dipak Biswas). They found another chit which was handed over to Dipak Biswas by Debabrata wherein the latter asked Dipak Biswas to inform some other candidate to immediately pay Rs.40,000/ - (Rupees Forty Thousand only) for appointment as a cook in the CISF. Upon his interrogation after his arrest, Debabrata stated that he was acting as per the directions of the petitioner who had asked him to approach the said six candidates and extract Rs.40,000/ -(Rupees Four Thousand only) from each one of them. He also stated that he got in touch with the petitioner through one Ct. Makhan Singh, Crime Branch, CISF (PW -3). On returning back to the Police Station he made a suo moto complaint as Hirapur PS Case No. 48/1996 dated April 23, 1996 under Section 420, IPC. He endorsed the investigation of the case to SI S. Sarkhel.

(3.) NK . Rameshwar Chaudhary PW -2 deposed that at the relevant time he was posted at CISF unit, IISCO, Burnpur where he got acquainted to Ct. Makhan Singh (PW -3) and Debabrata (DW -4). Debabrata used to visit the quarter adjacent to his deliver tuitions to the children of L/Nk. B.N. Roy (PW -4). They used to visit his quarter occasionally to chit -chat. Petitioner asked Ct. Makhan Singh and he, to introduce him to some clever Bengali person for some work. He introduced the petitioner to Debabrata. Thereafter, before the commencement of the recruitment process Debabrata visited him at his quarter and proposed that they could extract money from the recruitment candidates. He outrightly rejected the proposal at which Debabrata called him a coward. After a lapse of few days he heard about Debabrata's arrest in connection with demanding bribe from the recruitment candidates.