UNION OF INDIA REP Vs. SUDHIR KUMAR DAS

JUDGEMENT

(1.) The respondent who was the writ petitioner was employed in the Central Industrial Security Force in it's unit at Madras Port Trust. He had joined the force in the year 1987. On 13.11.1990 he was served with a memorandum proposing to hold an enquiry against him on the imputations of misconduct which were set out in the annexure to that memorandum. The Articles of charge are as set out below: "STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST NO.873280147 CONSTABLE S.K. DAS (U/S) OF 'B' COY OF THIS UNIT. Article of Charge No.I No.873280147 Constable S.K. Das of "B' Coy of CISF Unit, MPT, Madras deliberately deserted from Unit (his residence) w.e.f. 04.09.1990 (FN) to 17.09.1990 in which he failed to turn up for 'C' Shift duty on 04.09.1990 without prior permission from the competent authority. This act of Constable S.K. Das tantamounts to gross misconduct and dereliction of duties being a member of an Armed Force. Article of Charge No.II CISF No.873280147 Constable S.K. Das of 'B' Coy, CISF Unit, MPT Madras deserted from his residence after taking 3 days medical rest w.e.f. 26.09.1990 (AN) to 29.09.1990 (AN) without permission from the competent authority. Further, when he was directed to appear before AC, Sec-I Orderly room by OC, 'B' Coy on 01.10.1990, he declined to obey the order of Inspector, OC, 'B' Coy. This act of Constable S.K. Das amounts to gross misconduct and disobedience of lawful orders of superiors. Article of Charge No.III CISF No.873280147 Constable S.K. Das of 'B' Coy of this Unit himself deserted from Unit lines w.e.f. 10.10.1990 (FN) while under suspension and was remaining on AWL till 05.11.1990 (AN). This act of Constable S.K. Das amounts to gross misconduct and dereliction of duties being a member of Armed Force. Article of Charge IV No.873280147 Constable S.K. Das of this Unit accumulated 2 (two) punishments in short span of three and half years of service and thereby showed his indisciplined attitude and unbecoming of a member of Force. IMPUTATION OF ARTICLE OF CHARGE FRAMED AGAINST NO.873280147 CONSTABLE S.K.DAS OF 'B' COY CISF UNIT MPT MADRAS. Artilce I CISF No.873280147 Constable S.K. Das of 'B' Coy of CISF Unit, MPT Madras was living outside the Unit line at Quarter No.28/1, Ghouse Mohideen Pettai, 3rd Street, Royapuram, Madras 13. He was detailed for 'C' shift duty on 04.09.1990 from 2130 hours to 0530 hours on 05.09.1990. But he did not turn up for duty in time. When checked his house by the then CHM of 'B' Coy and HC A.K. Singh of 'B' Coy, they found his house was locked and also they noticed on enquiry from neighbours that Constable S.K. Das left his residence w.e.f. 03.09.1990 evening. Thus, Constable S.K.Das himself deserted from Unit 04.09.1990 (FN) to 17.09.1990 without prior permission from the competent authority. This act of Constable amounts to gross misconduct and dereliction of duties being a member of an Armed Force. Article II No.873280147 Constable S.K. Das of 'B' Coy of this Unit himself deserted from his residence i.e. Quarter No.28/1, Ghouse Mohideen pettai 3rd street, Royapuram, Madras 13, near gate No.I of MPT with effect from 26.09.1990 (AN) to 29.09.1990 (AN), after taking 3 days medical rest from MPT hospital, without permission from the competent authority. On 01.10.1990 he was directed to go for AC, Sec-I's orderly room by Inspector A.Jayakumar, OC, 'B' Coy, in which he disobeyed the order of OC 'B' coy and replied like "I WILL NOT GO FOR ANY ORDERLY ROOM AND ALSO I WILL NOT TALK TO ANYBODY BELOW THE RANK OF COMMANDENT", thereby he violated the order of superior authority. This act of Constable S.K. Das amounts to gross misconduct, dereliction of duties and disobeyed the orders of superiors. Article III No.873280147 Constable S.K. Das of 'B' Coy of this Unit has been placed under suspension w.e.f. 01.10.1990. During the tenure of suspension he himself deserted the Unit lines w.e.f. 10.10.1990 to 05.11.1990 (AN) without prior permission from the competent authority though he has been directed particularly in the suspension order. Thereby he violated the orders of superior. This act of Constable S.K. Das amounts to gross misconduct, disobedience of lawful orders of superiors and dereliction of duties being a member of an Armed Force. Article IV CISF No.873280147 Constable S.K. Das is appointed in CISF w.e.f. 01.01.1987 and at present he is posted in this Unit. During the tenure of a short period of three and half years of service he has been awarded two punishments as given below:- 1. For AWL from 16.04.1990 to 17.04.1990 - 7 day pay fine. 2. For disobedience of orders of Inspector on 23.01.990 at about - Stoppage of one 22.30 hours increment with cumulative effect. Thereby showed his indisciplined attitude and unbecoming of a member of an Armed Force.

(2.) An enquiry was thereafter held in which he admitted his guilt and on the basis of that, the enquiry officer submitted a report. That report, as set out in the counter affidavit filed in the writ petition by the Commandent of that unit, was set aside by the disciplinary authority who directed the enquiry officer to conduct a detailed departmental enquiry after examining the witnesses and documents. Thereafter the enquiry was held at which the witnesses were examined and documents were marked. In that counter affidavit it is stated that the petitioner in his statement during the enquiry on 13.02.1991 accepted all the charges and pleaded that mistakes had been committed due to lack of service knowledge and experience and due to the affection for his mother and sought forgiveness. After completion of the enquiry and on the basis of the report of the enquiry, the disciplinary authority awarded punishment of removal of service on 16.03.1991.

(3.) Prior to this enquiry, the writ petitioner had suffered punishments for a similar misconduct of being absent from duty. On 16.05.1990 he had been punished with fine amounting to seven days pay. On 13.08.1990 he was punished with stoppage of one increment for one year with cumulative effect for disobedience of orders of the Inspector.