RAMANBHAI NARANBHAI CHAMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard learned counsel Mr. B.S. Patel for the petitioners and Ms. R.V. Acharya for the respondents.

(2.) THE petitioner of Special Civil Application No.8168 of 2007 was appointed on 2.8.1988 and the petitioner of Special Civil Application No.8170 of 2007 was appointed on 5.2.1991 as Constable in Central Industrial Security Force (for short 'CISF'). THEy were posted at Jhanor, District Bharuch (Gujarat) from 1.10.2001 to 30.5.2006. In the night of 20/21.8.2005, the petitioners were at Guard duty at Central Store, Jhanor, District Bharuch. In the night, 36 aluminum pipes had been stolen. Out of 36 pipes, 19 pipes were recovered and 17 pipes, worth Rs.43,635/-, could not be recovered. THErefore, a charge-sheet was issued to the petitioners on 6.9.2005 that since 17 pipes have not been recovered due to theft and the petitioners were on night duty at Watch Tower Nos.2 to 4, therefore, they were negligent and committed misconduct and due to their negligence, theft took place.

(3.) THE learned counsel for the petitioners has vehemently urged that since 36 pipes were stolen, out of which 19 were recovered and 17 could not be recovered. He urged that these 17 pipes were recovered subsequently after issuance of the charge-sheet from two other accused who were residents of district Maharashtra. According to the learned counsel for the petitioners, since the pipes have been recovered, the respondents suffered no loss.