NARAYAN S SHINDE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the parties. The petitioner, a Head Securing Guard in Central Industrial Security Force (Ministry of Home Affairs), has filed this Special Civil Application before this Court in which challenge has been made to the order dated 25th October 1980 of respondent No. 3 under which he was ordered to be dismissed from the services.

(2.) . At the relevant time, i.e., when the petitioner was dismissed from the services, he was posted as Head Security Guard in the unit of Indian Oil Corporation, G. R., Baroda, which was under the control of respondent No. 4. The Central Industrial Security Force has been constituted under the Parliamentary Act, viz., the Central Industrial Security Force (C.I.S.F.) Act, 1968. On the date of alleged negligence committed by the petitioner in discharging duties, he was on duty in L.P.G. plant as a Head Security Guard in the C.I.S.F. unit in Gujarat Refinery at Baroda. The petitioner has been charge -sheeted that on 21st December 1979, one empty L.P.G. cylinder was attempted to be taken out from the Refinery in Truck No. RSB -969 at about 20 : 35 hrs., which has resulted in the act of negligence in performance of duties by the petitioner. The petitioner, because of negligence, could not prevent the pilferage of empty L.P.G. cylinder. In connection with the aforesaid incident, a criminal complaint was also lodged at the Police Station. In this criminal case, there were several accused including the petitioner. The petitioner was arrested in connection with the aforesaid criminal case and therefore placed under suspension under the order of respondent No. 4 dated 29th February 1980. The charge -sheet was served vide memo dated 1st March 1980 by respondent No. 4. In the charge -sheet, as many as two charges were framed against the petitioner. The departmental inquiry has been held against the petitioner on those charges. The Inquiry Officer, in his findings, found the petitioner guilty of charges levelled against him. The petitioner was given a show -cause notice in which the penalty of dismissal was proposed. The petitioner submitted a reply to the show -cause notice. After considering the reply to the show -cause notice filed by the petitioner, the disciplinary authority, under its order dated 25th October 1980, dismissed the petitioner from the service. Against the order of dismissal, the petitioner preferred the appeal to the Inspector General, Central Industrial Security Force, New Delhi, a copy of appeal -memo of which has been filed as Annexure "H" to this petition.

(3.) . The petitioner has come up with the case in this Special Civil Application that the appeal filed by him has not been decided by the Appellate Authority. The writ petition has come up for admission before this Court and Rule was issued on 11th August 1981. The petitioner has also made a grievance in this Special Civil Application against the order of suspension. The petitioner has come up with the case that the suspension of the petitioner has been ordered only because of pendency of criminal case against him. It was not suspension in contemplation of departmental inquiry or pending departmental inquiry. The petitioner has been acquitted in the criminal case by the Criminal Court on 17th October 1980, The petitioner prayed in the Special Civil Application for a declaration that he is entitled to the full salary during the period of suspension as his suspension, based on the criminal case merges in the order of acquittal.