SANJIV KUMAR Vs. UOI

JUDGEMENT

(1.) THE facts leading to the filing of the present petition are that on July 5, 1994 the petitioner was appointed in CISF as a Constable. On July 22, 2002 he was detailed to perform duty as baggage lifter/handler at the X -Ray outlet located on the right side of Security Hold Area (SHA) of Domestic Terminal of NSCBIA Airport, Kolkata.

(2.) ON July 22, 2002 at about 07.00 P.M. one N.Mohan Lal who was travelling to Mumbai by Sahara Flight No.S -2224 complained that a mobile phone was missing from his hand baggage after it was put through the X -ray machine when his baggage was screened. Immediately thereafter, Inspector Sham Lal, Duty Officer (SHA) came there and instructed SI Bindu Prasad, who was present there to reverse the image of the bag on the screen. On being reversed, it was confirmed that when the bag was put through the Xray machine it contained two mobile phones, one of which was missing. Thereafter the higher officers directed CISF personnel who were performing duty at the X -ray machine to be frisked. SI Bindu Prasad told of the petitioner having gone to the washroom few minutes before the complaint was made by the passenger Sh.N.Mohan Lal. At this, Inspector Sham Lal, accompanied by SI R.P.Guniya and the passenger went to the men 's washroom for the staff, where a mobile phone was found in a cupboard. The passenger indentified the said mobile phone as belonging to him. Since the passenger was getting late for the flight he rushed to board the same but before that he gave the mobile number to Inspector Shyam Lal. As per the department, Inspector A.K.Singh interrogated the petitioner in the presence of Assistant Commandant C.L.Bhatia and the petitioner confessed that he had picked up the mobile phone of the passenger.

(3.) ON July 23, 2002 a preliminary enquiry was conducted in respect of the incident by Inspector/Ex.P.C.Chausabh who submitted his report opining therein that prima facie it appears that the petitioner had lifted a mobile phone belonging to the passenger Sh.N.Mohan Lal from his hand baggage when it was scanned through the X -ray machine.