SANDEEP YADAV Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The Petitioner has challenged an order dated 10th July 2018 passed by the Disciplinary Authority i.e. the Director General, CRPF awarding the Petitioner the penalty of removal from service pursuant to a departmental inquiry ordered against him.

(2.) The charge against the Petitioner was that while he was functioning as DIG, GC CRPF New Delhi in 2014 he committed a serious misconduct in sending nude pictures of himself and sexually explicit material from his mobile phone to a woman on her mobile. It was stated that between 6th May and 1st June 2014, i.e. a period of 26 days, the Petitioner made 395 calls to the said woman from his mobile phone mostly during office hours and also indulged in immoral conversations with her. It was stated that the Petitioner's act had tarnished the image of the organisation and that he had failed to maintain absolute devotion to duty and had acted in a manner which was unbecoming of a government servant thereby violating Rule 3(ii) and (iii) of the CCS (Conduct) Rules, 1964.

(3.) The reason for the said inquiry was a complaint filed by the woman's husband regarding the aforementioned acts of the Petitioner. A preliminary hearing was held by an Inquiry Officer who was appointed by the DIG (CRN Vigilance) Directorate General CRPF by an order dated 22nd July 2015. However, the Petitioner at the preliminary hearing objected to the said IO and stated that he would apply for change of the IO directly to the Disciplinary Authority. Thereafter by another order dated 19th August 2015 another IO was appointed to hold the inquiry.