G.B.SHAH Vs. UOI & ORS

JUDGEMENT

(1.) Mr.Aly Sidk, a resident of Cairo, Egypt was travelling on May 08, 2004 by flight No. 9W -331 bound for Delhi from Mumbai at 09:10 hrs. During screening of his baggage a suspected object like cartridge was noticed by SI/Exe. S.P.Verma and after confirming his doubt by showing the image on X -Ray Screen to fellow officials, the concerned passenger was informed. The baggage was opened and the live cartridge recovered from a pouch containing coins was removed by SI/Exe. S.P. Verma who was on duty to screen the baggages. Senior officer Inspector/Exe. G.B. Shah i.e. the petitioner was informed about the incident and the passenger along with the objectionable item recovered from the baggage was handed over to him. As the objectionable object had already been taken out, the baggage was cleared. SI/Exe. S.P.Verma continued performing his duty of screening the baggages.

(2.) What happened thereafter would have remained unnoticed but for the communication sent by the passenger vide letter dated May 10, 2004, which is extracted as under:

(3.) On the basis of above communication received from Mr.Aly Sidk action was initiated against the petitioner. A memorandum of charge containing the following Articles of Charge was prepared and issued to the petitioner: -