SACHU RAM BABU Vs. UNION OF INDIA; DEPUTY INSPECTOR GENERAL APPELLATE AUTHORITY; INSPECTOR GENERAL CISF SOUTH SECTOR

JUDGEMENT

(1.) The petitioner was employed as a Constable attached to Central Industrial Security Force (CISF) Unit at Neyveli Lignite Corporation (NLC).

(2.) The petitioner was visited with disciplinary proceedings alleging that he has been issued a rifle with 30 rounds of service ammunition for duty at 10.30 p.m. on 5.12.2008, from unit Kote, and he loaded the magazine which contained one box of 15 rounds of ammunition and proceeded for duty at NSO barrier 2 HMT patrolling in vehicle and on arrival at the RL gate, he exited the vehicle last and since he was the last one, he jumped out in a hurry to catch up with the others, who were ahead of him and as he hurriedly jumped out of the vehicle, the magazine of his rifle hit against his body and he removed the magazine near the Nallah at RL gate to check if any damage was caused to the sted of the magazine. After ensuring that the sted was in good condition, the petitioner put the magazine back into the rifle. Since the entire area was dark, he went to the RL gate where there was some lighting and he checked again. It is also alleged that during that time, he noticed that one round of ammunition was missing and the petitioner immediately started looking out as to where he could have dropped the ammunition and he immediately reported the matter to the superior authority and thereafter, charge memo came to be framed against him which is as under :-

(3.) The petitioner, in response to the charge memo, submitted his explanation stating among other things that while he was arriving at R.L. Gate, he came out last as he was sitting in cabin seat and due to hurry tried to go faster, in the mean time, the magazine of rifle hit against his body and he removed magazine near Nallah at R.L. Gate to see that any damage has occurred to the sted of magazine or not and after ensuring that the sted is in good condition, he put the magazine into rifle and during that time, noticed that one round was missing and according to him, it was neither wilful nor wanton and prays for appropriate orders.