S V MURTHY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner who was a Head Constable, General Duty(HC/GD) in CISF(Central Industrial Security Force) and posted at MPT Headland, Sada, Goa, and who has been dismissed from service after holding an inquiry by order dated 18-10-2002 under the provisions of CISF Rules, 2001 by the Disciplinary Authority/Senior Commandant, CIFS Unit, MPT, Goa. An appeal filed against the said order came to be dismissed by order dated 24-12-2002 of the Deputy Inspector GeneralfWestern Zone) and a revision filed also came to be dismissed by order dated 10-6-2003 of the Inspector General/ SWS, CISF in the Ministry of Home Affairs. The petitioner has filed the present writ petition for quashing the aforesaid orders and for a further direction for his reinstatement.

(2.) We have heard learned Counsel on behalf of both parties at length. There is no dispute that the petitioner was initially appointed as a Constable in CIFS and worked at various places from time to time and was promoted as Head Constable and was transferred to MPT, Goa on or about 8-6-2001 and was entrusted with the responsibility of a non commissioned officer in charge of the Unit Kote where all the arms and ammunitions pertaining to CIFS Unit MPT as well as Goa Airport, are stored and was given the sole and exclusive responsibility for the said custody and accountability of arms and ammunition stored in the said Unit Kote and as part of his duty he was required to issue weapons to the personnel for operational duty or arms for cleaning/maintenance, under the orders of the Unit Commandant, with proper entries in the issue register after obtaining signatures of the persons receiving or depositing the weapons. There is no dispute that one pistol was found missing, after about 17 pistols were brought for cleaning and maintenance on 21-4-2002. The missing of the pistol was noticed on 24-4-2002 when the box containing the pistols were taken out from Unit Kote for inspection. There is also no dispute that on 21 -4-2002 the petitioner was on duty and Head Constable S. S. Rathore had reported to the petitioner for the cleaning and maintenance of 17 numbers pistols and then had requested the petitioner to deposit back the weapons and store them in the Unit Kote.

(3.) As regards the said 9 mm missing pistol, having registration No. 15336739, a preliminary inquiry came to be conducted, at the orders of the Commandant, by Shri Arun Singh, Assistant Commandant, CISF Unit, Goa Airport who by his preliminary report came to the conclusion, as far as the petitioner is concerned, that: