PADMAKAR GABA PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE . Learned Counsel Ms. Vasavdatta Bhatt waives service of Rule on behalf of the respondents. Detailed Reply Affidavit is filed in this matter on behalf of the respondents. Thus, the record is complete. Therefore, by consent of the learned Counsel for the parties the matter is finally heard today and disposed of by this Order.

(2.) PETITIONER Padmakar Gaba Patil was appointed as Constable in CISF on 11.11.1990. He was posted from CISF Unit BSP Steel Plant, Bhilai to CISF Unit, KPT Kandla on 23.6.2004. Initially he was deployed for Company Writer duty from 23.6.2004 to 18.9.2004 and thereafter on 19.9.2004 he was deployed in Crime and Intelligence Wing (CIW) of CISF Unit to gather the information and to keep surveillance on the anti -social activity of thousands of employees working in KPT, civilians, visitors and CIF personnel in the vast port area which is spread over in more than 6 kilo meters wherein more than 10000 containers were kept. Daily thousands of trucks, vehicles and persons were passing through three different gates of the port. Though the whole area is divided in four parts but, only two CIW constables are deployed on duty and one person in night time in shift -wise for 12 hours for the aforesaid duties.

(3.) IT had so happened that one Goodrich Maritime (P) Ltd., a Shipping Agency by its letter dated 4.12.2004 informed the Port Authorities about theft of 13 tons of Copper scraps from container CRUX 2220580 kept in port area by unknown persons between 17th November to 4th December, 2004 (Annexure : B). F.I.R. came to be lodged at Kandla Police Station on 23.12.2004 for the said incident against unknown persons (Annexure : C). During the investigation the Police recovered Muddamal and filed charge -sheet against 29 accused persons on 29.6.2005 for the offences u/ss. 461, 380, 409 and 120 -B I.P.Code. Investigation also reveals that the theft had taken place with the connivance of three CISF Constables Chandramani Mishra, who was deployed on Gate duty and two other Constables (i) Rajesh Yadav, and (ii) Akshaykumar Hareramsing. They had taken money from the accused for permitting them to take out the goods from the gate. Charge -sheet filed by the Police is at Annexure : D. It is pertinent to note that in the said charge -sheet there is no reference to the involvement of the present petitioner any where, directly or indirectly.