GAYA PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) GAYA Prasad is aggrieved because the Department has bid him a departure : penalizing him for a wrong done by way of an order of compulsory retirement.

(2.) HE was charged for a serious misconduct and grave carelessness in terms of confidential letters dated July 13, 2009, July 20, 2009, July 22, 2009, July 24, 2009, July 26, 2009 and July 31, 2009 sent by the Assistant Security Commissioner (RPF) Aligarh informing that while working as an Assistant Sub -Inspector at Khurja, on July 13, 2009 the petitioner did not confiscate 15 bags of rice at the site in accordance with the rules because though available at the spot he did not make Sh.P.K.Sharma a witness and further did not record the time when he confiscated the 15 bags of rice. Further, having found 65 bags of wheat, rather than confiscating the same, he removed the same and when this was detected he falsely stated that he did so under instructions from the higher authorities.

(3.) THE statement of imputation in support of the charge brought out that on July 13, 2009, 65 bags of wheat and 15 bags of rice were found abandoned at Dabor Railway Station and the petitioner along with the staff reached the spot. He showed recovered of 15 bags of rice without mentioning the time of seizure in the seizure memo nor obtaining signatures of a witness in spite of Sh.P.K.Sharma being available. 65 bags of wheat were removed and not confiscated. These bags of wheat disappeared subsequently. The information was conveyed as per the various letters referred to in the charge sent by the Assistant Security Commissioner.