S.SURESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The charge memorandum issued to the writ petitioner by the 5th respondent in proceedings dtd. 2/1/2015, is under challenge in this writ petition.

(2.) The learned counsel for the writ petitioner states that the writ petitioner is holding the post of Head Constable/Driver in the Central Industrial Security Force. The writ petitioner was proceeding to CRPF/RAF camp at Coimbatore from Salem as per the directions of Mr.O.P.Sharma, Assistant Commandant / Fire, CISF Unit SSP Salem who had also travelled in the same car bearing registration no.TN-30-AC-6184. While returning from Coimbatore, the car driven by the writ petitioner met with an accident with another Maruthi 800 CC car bearing registration no: TN-02D-5572 near Attaiyamplayam high way. On account of the accident, the passengers travelled in the Maruti car sustained serious injuries and one women died subsequently. A criminal case was registered and the trial is pending.

(3.) Meanwhile, the departmental disciplinary actions were initiated against the writ petitioner under the disciplinary and appeal rules under Rule 36 of the CISF Rules, 2001. The charge memo was issued in proceedings dtd. 2/1/2015, and the writ petitioner submitted his explanations to the charge memo on 11/1/2015. Accordingly, an enquiry officer was appointed who in turn conducted the departmental domestic enquiry. The writ petitioner had participated in the enquiry proceedings and defended his case. The enquiry officer submitted his enquiry report on 20/3/2015 and the same was communicated to the writ petitioner by the respondents. The writ petitioner had received a copy of the enquiry report on 23/3/2015 and accordingly he has to submit his objections/ explanations on the enquiry report within fifteen days. At this point of time the writ petitioner has chosen to file this writ petition challenging the very charge memo itself on the ground that the criminal case is pending.