S R FARISHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is directed against the termination of petitioner's service vide orders dated 18th December, 1979 of the D.I.G. (P), Central Reserve Police Force (for short 'CRPF') and orders dated 11th February, 1981 of the Director General, CRPF upholding the orders of the DIG(P). It has been requested that the said orders be quashed and sct aside and appropriate writ be issued directing the respondents to reinstate the petitioner with full back salary and continual services with all allowances and other benefits.

(2.) Facts giving rise to this petition arc that the petitioner was employed as Sub Inspector in CRPF and was posted as Quarter Master Sub Inspector (Stores) (for short 'QMSI') at Ajmer between 15th February, 1976 and 9th June, 1978 and on the night of 18th April, 1978 it was reported to him that the window of woollen cloth store room was lying open and thereupon on the next morning the petitioner reported the matter to the Company Commander (Stores) at 9.30 A.M. In course of time on 14th April 1979 memo. (Annexure I to the Writ Petition) was issued to the petitioner by the inquiry officer whereby the petitioner was intimated that an enquiry was proposed to be held against him under Rule 27 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as 'the rules') in connection with the neglect of duties. The said memo. was accompanied with statement of Articles of Charges framed against him. The said statement of Articles of Charges reads as under : "Statement of Articles of Charge framed against SI S.R. Farishta, Group Centre No. II CRPF, Ajmer. Article 1. That the said S7 S.R. Farishta while functioning as QMSI (Stores) GO-11. CRPF, Ajmer during the period from 15-2-1976 to 9-6-1978 committed remissness in the discharge of Ins duty in his capacity as a member of the force under Section 11(1) of CRPF Act, 1949 in that he failed to ensure proper care I preservation and maintenance of stores. He having been fully aware of the fact that the number of latches of windows of store room No. 6 woollen clothings) were not functioning properly, failed to take timely remedial measures for rectification of the defect, thus contributing to the loss of 79.26 meters of Serge blue cloth detected on 18-4-1978. Article 11 That during the aforesaid period and while functioning in the aforesaid office, the said SI S.R. Farista was guilty of neglect of duty in his capacity as a member of the force undersection 11(1) of CRPF Act, 1949 in that having came to know of the fact through 690060741 Ct. Bhagwan Singh. Storeman on 18-4-1978 at about 1945 hrs that one of the windows of woollen cloth Store room was open and its inside fitting iron strips (patti) removed and twisted inside and having visited the store room and opened it, he failed to report the facts immediaiely to his superior officers".

(3.) In consequence of the enquiry, the Inquiry officer in his 'report dated 25th August, 1979 absolved the petitioner on one court and held him guilty on two counts. It was held by him that "She charge against SI S.R .Farishta of CG-II that he having "been Fully aware of the fact that the number of latches of windows of store room 5 (woollen clothing) were not functioning properly and he failed to take timely remedial reasons for rectification of the defect could not be proved". It was farther held that -charge against ST S.R. Farishta that "while functioning as QMSI (Stores) of GC-II Ajmer from 15-2-1976 lo 9-6-1978 he failed to exercise proper supervision/security and safety of woollen store room No. 6 as required vide para l(vi) of Provisioning Manual 1974 has been proved beyond doubt" and lastly it was held that "the Article of Charge II framed against SI S.R. Farista of GC II CRPF Ajmer has been proved fully beyond any doubt from the statements of Public Witness s, and of delinquent himself". The petitioner was thereupon issued a Memo. No. P. VIII 16/79 dated 14th April, 1979 by the DIG, C.R.P.F., Ajmeri and the petitioner submitted his reply thereto and in consequence the impugned order was passed by DIG, CRPF on 18th December, 1979 which was confirmed on appeal by the Director General, C.R.P.F. on 11th February, 1981.