INSP/GD JITENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) As per facts, the petitioner, an Inspector/GD in the Central Reserve Police Force [Hereinafter referred to as 'CRPF"], was posted in GC Jharoda Kalan, New Delhi as the Manager of the Central Police Canteen [Hereinafter referred to as 'CPC"] w.e.f. 6/6/2016 till 11/9/2017. In 2018, an audit of the Master canteen and the Subsidiary canteen was conducted wherein due to certain irregularities and malpractices being pointed out, vide order dtd. 23/4/2018, a Preliminary Enquiry into the said irregularities was ordered and vide Office Order dtd. 29/4/2019, a Court of Inquiry [Hereinafter referred to as 'COI"] was directed to be conducted to find out actual loss, cost of obsolete/ unsold/ items etc. of CPC Master and Subsidiary Canteens due to overstocking/ improper handing/ taking over charges/ over indenting/ procedural irregularities etc. and to fix the responsibility of erring staff/ recoveries of the loss etc.

(2.) The COI Board submitted its report stating therein that a net loss of Rs.12,58,266.00 and Rs.3,23,944.00 was suffered by the CPC Master and Subsidiary Canteens respectively. Based upon the COI, the respondents vide impugned order dtd. 11/11/2019 held that the loss suffered by the CPC Canteens was recoverable from the officials named therein, including the petitioner, as the said personnel had discharged their duty with profit and their integrity towards their duty was in question. It was held that the total amount recoverable from the petitioner was Rs.3,34,541.00 [Rs.2,48,947.00 for the Master Canteen (Rs.2,38,910.00 being 40% of the Collective Recovery Amount of Rs.5,97,275.00) and Rs.10,037.00 (Personal Recovery) and Rs.85,594.00 being 30% of the Collective Recovery Amount of Rs.2,85,314.00for the Subsidiary Canteen] and that the same was duly recovered from the petitioner by deducting it monthly from his salary.

(3.) It was further held that since the petitioner, along with 2 other personnel namely SI Jasbir Singh and SI/GD Pankaj Kumar were the main culprits for the irregularities in the CPC, a joint Departmental Enquiry [Hereinafter referred to as 'DE"] was proposed vide Memorandum dtd. 31/5/2019 and vide order dtd. 23/6/2019, an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 read with Rule 27 of CRPF Rules, 1955 was directed to be conducted against the above-named personnel including the petitioner herein, for the charge 'That Force No. 031531906 SI/GD Jitender Singh (Now INSP/GD) who is presently posted at 194 RAF Bn and under the order of transfer for six months at this Group Centre, and Force No. 085020434 SI/GD Jasbir Singh, stationed at Group Centre CRPF New Delhi, have showed disobedience of orders, laxity in discharging their duties, and other forms of misconduct while serving in the force as a Canteen Manager in which they issued illegal supply orders to various firms by misusing their respective posts while performing the duties at Central Police Master / Subsidiary Canteen, Group Centre, CRPF, New Delhi and ' supplies' so made by firms without supply orders, were taken into stock with the help of No. 041676222 CT/ GD. Pankaj Yadav (Canteen Salesman / Assistant Clerk), is against the good discipline of the force under Sec. 11(1) of the Central Reserve Police Force Act 1949 read with Rule 27 of CRPF Rules, 1955, which is a punishable offence.', and that no further disciplinary action was needed against them.