SURESH KUMAR Vs. UNION OF INDIA AND ORS

JUDGEMENT

(1.) The Petitioner, Suresh Kumar, has filed this petition seeking quashing of the findings and sentence awarded by the Summary Force Court (SFC) dated 18th September 2012 and the consequential dismissal order dated 30th June 2013. He also seeks the setting aside of the order dated 2nd July 2014 whereby his appeal was rejected.

(2.) The background facts are that the Petitioner was recruited in the year 2000 as Constable (General Duty) (Ct/GD) with the Sashastra Seema Bal (SSB). According to the Petitioner, in 2010 he was deployed to work at the official residence of Inspector General/IG (Administration) Shri A.K. Negi along with Ct/(Cook) Shishpal Singh. According to the Petitioner, on 8th January 2011 an incident of theft occurred in the residence of the IG in the bedroom of his house on the first floor. On a complaint made by the IG, FIR 5/2011 was registered at PS Defence Colony on 9th January 2011.

(3.) According to the Petitioner, a thorough police inquiry was conducted and despite interrogation and forensic investigation, nothing was found against him and the others who were deployed at the residence of the IG. It appears that thereafter, a Court of Inquiry was ordered by the Respondents. The Assistant Commandant, C Company, SSB, R.K.Puram submitted a report on 5th May 2011 to the Commandant 25th Battalion, SSB, Ghitorni, New Delhi stating that during the inquiry into the incident of theft, instances of misconduct had emerged in respect of 5 persons which included the present Petitioner. By an order dated 20th May 2011, the Commandant Shri Manmohan Singh placed the Petitioner under suspension with immediate effect. In the same order it was alleged that the Petitioner "is accused of carelessness and committing illegal sexual activities in the residential premises of IG (Admn.), FHQ, when he was working as personal staff with him."