SHASHANK JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, by way of the present petition under Article 226 of The Constitution of India, seeks quashing of the impugned Penalty order dtd. 9/12/2020 vide which respondents imposed the penalty of 'Removal from service which shall not be a disqualification for the future employment under the Government' upon him, as well as quashing of the orders dtd. 30/3/2021 and 20/12/2021 vide which his Appeal Petition and the Review Petition (respectively) against the impugned penalty order dtd. 9/12/2020 were rejected, by taking a compassionate view and in interest of justice; and quashing of the charge sheet dtd. 5/8/2020 as well as the proceedings arising therefrom; and directions to the Respondents to reinstate him with immediate effect with all consequential benefits; and lastly to direct the Respondents to treat the period spent by petitioner under suspension w.e.f. 14/5/2020 till 9/12/2020 as spent on duty.

(2.) The petitioner herein was appointed on the post of Sub-Inspector [SI] in the Central Industrial Security Force [CISF] on 13/9/2014 and was lastly posted at Ukai, Gujarat. On 12/5/2020, the petitioner was posted as the 'Shift In-Charge' at the main gate of the CISF Unit UTPS, Ukai, Gujarat [CISF Unit] from 08:00 hours to 20:00 hours and was issued a service pistol (Butt No.7 and Registration No. 15176665) and ammunition (30 rounds 9 mm). On the same day, one late SI Mr. Ashwani Kumar [deceased personnel] was also posted at CISF Unit as in-charge of the CCTV control room without weapons from 07:45 hours to 18:00 hours. At around 15:30 hours, the petitioner left his post and went to the CCTV control room wherein he removed his belt holding his service pistol in its Holster along with the pouch of ammunition to keep it on the table in front of him. At around 16:00 hours, late SI Mr. Ashwani Kumar was found covered in a pool of blood in a bathroom on the ground floor under the CCTV control room, and the service pistol issued to the petitioner and two empty cases were found beside his left leg. It was found that late SI Mr. Ashwani Kumar had committed suicide by shooting himself from the service pistol issued to the petitioner.

(3.) Consequently, pursuant to a disciplinary action initiated against the petitioner vide memorandum No.V-15014/GHA/Disc/Rule36/SJ/UTPS(U)/04/2020/3609 dtd. 5/8/2020, the article of charge was framed against him stating that the act of the petitioner leaving his post and going to the CCTV control room; and then removing his service pistol alongwith the ammunition from his person and keeping it on the table in the control room without any cogent reason and without the permission of a Competent Authority, amounted to gross violation of the principles of protection of arms and ammunitions and since the service pistol and ammunition issued to the petitioner ultimately became the cause of death of the deceased personnel, the petitioner failed to act as a trained member of the force.