LAWS(MEGH)-2014-12-1

UNION OF INDIA Vs. BINAY CHETRI

Decided On December 02, 2014
UNION OF INDIA Appellant
V/S
Binay Chetri Respondents

JUDGEMENT

(1.) Heard Mr. R Deb Nath, learned CGC appearing for the review petitioners/respondents in WP(C)(SH)No.288/2008/appellants in Writ Appeal No.(SH)29/2011.

(2.) By this review petition, the review petitioners/respondents in WP(C)(SH)No.288/2008/appellants in Writ Appeal No.(SH)29/2011 are praying for review of the judgment and order of the Division Bench of the erstwhile Gauhati High Court, Shillong Bench dated 29.08.2011 passed in WA No.(SH)29/2011 only on the ground that while examining the records, it was revealed from the records that Shri.K.A. Ningam was promoted from the rank of Assistant Commandant to the rank of Deputy Commandant on 11.12.2003; and subsequently, Shri.K.A. Ningam was promoted from the rank of Deputy Commandant to the rank of Second-in-Command vide Departmental Promotion Committee (for short 'DPC') dated 15.06.2009 and also that Shri.V.K. Rawat was promoted from the rank of Assistant Commandant to Deputy Commandant on the basis of the DPC held on 07.03.2011 and also that the respondent/writ petitioner was, subsequently, promoted to the rank of Deputy Commandant on 18.02.2009. For deciding this ground for review, it would be pertinent to mention the background fact leading to the filing of the writ petition i.e. WP(C)No.(SH)288/2008 and writ appeal i.e. WA No.(SH)29/2011. Accordingly, concise fact, sans detailed, is briefly noted.

(3.) The respondent/writ petitioner Shri. Binay Chetri was appointed as Assistant Commandant in Central Reserve Police Force (CRPF) in the year 1999 and in the later part of the year 2003, he was ordered to move to Department 53 Tikrikilla and took over the charge of Quarter Master and Motor Transport Officer. The Commandant 53 Bn., CRPF undertook repairing work of some vehicles at the cost of Rs.12,900/- and Rs.8150/- respectively vide sanction order dated 11.10.2003. However, the Deputy Inspector General Police (DIGP) CRPF, having noticed some alleged irregularities in the said repairing work, ordered for holding of a court of enquiry vide office order dated 11.11.2004. One Shri. Ranbir Singh, Additional DIGP/Group Centre CRPF, Guwahati was detailed to preside over the said court of enquiry. The petitioner participated in the said enquiry proceeding and denied the charges leveled against him and his statement of defence was also recorded on 28.03.2005. The said enquiry officer of the said court of enquiry submitted his report to the DIGP, CRPF, Guwahati with a finding that the court of enquiry did not find any financial irregularity. The DIGP, CRPF, Guwahati did not agree with the finding of the court of enquiry that there was no financial irregularity and without citing any reason of his disagreement with the said finding, he (DIGP, CRPF) forwarded the matter to the IGP, CRPF with the recommendation to initiate regular departmental proceeding against the officers allegedly involved in the repairing work of the vehicles with further order for making recovery. The IGP, N.E. Sector CRPF, Shillong issued a communication/order dated 03.09.2005 to the petitioner and others i.e. the petitioner, Shri.K.A. Ningam, Shri.V.K. Rawat and three others to deposit a sum of Rs.1,069/- each in the Govt. Treasury. For easy reference, the said order dated 03.09.2005 is quoted hereunder:-