AMITABH SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE petitioner assails the order dated August 19, 2013 whereby he has been dismissed from service. He prays to be reinstated in service with consequential benefits.

(2.) BRIEF facts giving backdrop of the petitioner being dismissed from service are that while working as a Deputy Commandant in the Central Reserved Police Force (CRPF) , in May, 2007 the petitioner was nominated as a Member of a Recruitment Board for appointing ASI (Stenographer) and HC(Min.) at the Group Centre of CRPF in Muzaffarpur. Dr.Bhavna Kumari in the medical cadre of CRPF was a Member Medical in the Board. The petitioner claims that on May 08/09, 2007 he caught Dr.Bhavna Kumari copying on a loose sheet a passage on which the candidates would be subjected to the typing test. It appears that rather than bring the incident to the notice of the superior officers, cautioning Dr.Bhavna Kumari not to indulge in illegal practice, the petitioner destroyed the sheet of paper on which he claims he saw Dr.Bhavna Kumari copying the passage. On May 12, 2007 a candidate was caught with a pre -typed paper of the passage in question. On May 19, 2007 the petitioner detected a case of impersonation during the recruitment process. FIR No. 5/2007 and FIR No. 6/2007 were registered. The investigation was taken over by CBI because of the wide ramification of the scam. Investigation revealed involvement of many officers.

(3.) AT a get -together in the evening of the same day, Dr.S.K.Rai, husband of Dr.Bhavna Kumari joined them and all had a peg or two of liquor at the SOM. Dr.S.K.Rai accompanied by his wife Dr.Bhavna Kumari left the get -together at about 19:30 hours. The petitioner and Dr.S.K.Rai spoke at around 20:39 hours, using their respective mobile phones having number 9968885333 and 9955676272. The petitioner claims that after about 15 minutes Dr.Bhavna Kumari contacted him on his mobile phone and insisted that he should visit their residence, but the petitioner refused. At about 21:35 hours, the petitioner received a call from the DIG of the Group Centre who asked the petitioner to leave the SOM immediately. One Constable Driver Manoj Kumar also communicated this direction of the DIG to the petitioner. As the petitioner was leaving the SOM, he claims that his car did not start. At that point of time, he was called by someone by giving a signal through his finger. The petitioner went towards that person who introduced himself as S.P.Pokhriyal, DIG of the Group Centre. As per the petitioner the DIG misbehaved with him and directed him to go home in a minibus. The petitioner requested that a mechanic should be arranged to rectify the defect in his car. But DIG S.P.Pokhriyal continued to misbehave with him, which was witnessed by many officers. At that time Assistant Commandant K.P.S.Elango arrived and with the help of Constable Driver Manoj Kumar got the car to start. As per the petitioner he was deprived of his licensed revolver forcibly as also his mobile phone and was locked in a room in the SOM. As per the petitioner, the next day i.e. September 15, 2009, he was called to the office of the DIG and in presence of the Commandant he was abused and pressurized to either withdraw his complaints regarding recruitment under threat of being booked for creating nuisance at the residence of the DIG using a loaded revolver. As per the petitioner he was informed of a complaint being made against him by Dr.Bhavna Kumari and was coerced by the DIG to right a written note of apology. As per the petitioner whereas his mobile phone was returned but the revolver was kept in custody by the DIG.