KARNAIL SINGH Vs. ASSISTANT COMMANDANT/ADM

JUDGEMENT

(1.) The Writ Petition in W.P.No.26165 of 2011 is filed calling for the records in No.V-15017/R-3/L & R/DAE/2010 2979 dtd. 31/5/2010 on the file of the 3rd respondent and quash the same and for directing the respondents to pay the increment in accordance with the rules and procedures. The Writ Petition in W.P.No.26415 of 2011 is filed calling for the records in No.V-11014/87/L&R/2010-1972 dtd. 28/12/2010 on the file of the 1st respondent and quash the same and for directing the respondents to reinstate the petitioner with back wages.

(2.) The case of the petitioner in W.P.No.26165 of 2011, in brief, is as follows,

(3.) The case of the respondents is that petitioner along with 81 other ranks of CISF Unit, DAE Kalpakkam were detailed for General Parliamentary Election duty 2009 to Vijayawada City (Coy Identity No.552). Petitioner was issued with pistol butt No.12 bearing Registration No.15330848 with 30 rounds of ammunition. SS.Sandhu, Assistant Commandant of CISF unit, NFC Hyderabad was the Supervisory Officer of Coy No.551 and 552 for the election duty. He was issued with pistol butt No.3 bearing Register No.16104146. Necessary instructions were given with regard to DO's and DON'T's during election. After completion of election duty, the same pistol was to be deposited in the Unit. In case of any change/misplace, it has to be informed to the Unit Commander. But the petitioner failed to do so, while depositing the weapon in the Unit kote. The Armourer found that pistol was changed. It is true that Assistant Commandant S.S.Sandhu fell seriously ill and he was replaced by another Assistant Commandant. His physical condition was bad and he cannot be blamed for change of pistol. Since petitioner was Coy commandant 552, it is his duty to ensure Arms and Ammunition are properly handled. However, petitioner had not informed about the change of his pistol to any Authority. During the election duty, temporary Kote was opened from 26/3/2009 and a register was maintained. On 5/4/2009, petitioner deposited the pistol butt.No.3 bearing Register No.16104146 whereas he was issued with pistol butt.No.12 bearing Register No.15330848. On 23/4/2009, the Assistant Commandant S.S.Sandhu had drawn the pistol butt.No.12 and petitioner had drawn pistol butt No.03. But to cover up his careless mistake in handling arms and ammunitions, he tried to over write in the register. He failed to inform the change of pistol to Unit Commander. Therefore, charge memorandum had been issued to him. Later, he was punished with Stoppage of one increment for one year without cumulative effect. It is to be noted that this is not the first misconduct committed by the petitioner. He was awarded with one major and 8 penalties for his misconduct from 1992-99. He was compulsorily retired from service with full pension and gratuity.