BARUN KUMAR MALLA Vs. BARUN KUMAR MALLA

JUDGEMENT

(1.) : This appeal is directed against the judgment and order dated 11th November, 2009 passed by the learned single Judge dismissing the writ petition filed by the appellant/writ petitioner for seeking a mandamus to quash and set aside the departmental inquiry initiated against the appellant writ petitioner (memorandum of charges dated 15th October, 2007).

(2.) The appellant/writ petitioner is working as an inspector in Central Industrial Security Force (CISF for short). While the petitioner was working in the MAMC unit at Durgapur as a sub-Inspector in-charge of crime and intelligence wings, a complaint came to be filed against the petitioner in respect of an incident which occurred on May 5, 2000 at about 8:30 P.M. by one Smt. Manju Das, wife of Sri Fatik Das, Ganatantra Colony, P.S. NTSPS, Durgapur before the learned SDJM, Durgapur which came to be registered as M.P. Case No. 99 of 2000 for having committed offence punishable under Section 342/504/354/376/511 Indian Penal Code on the allegations that on 5.5. 2000 at about 6:30 P.M. when the complainant was returning back by performing her daily work from the quarter of B.S. Das, the appellant/writ petitioner along with three others confined her in front of the quarter of B.S. Das and started abusing filthy languages towards her by saying " SALIKO AKDIN UTHAKA LAY JYANGA" and hearing the same the complainant became agitated and restrained herself but protested, the appellant/writ petitioner caught hold of her hairs while the other accused pulled over the sari of the complainant and pressed her breasts. It appears that the learned Magistrate referred the case for investigation to NTPS Police Station. The police officer registered the said complaint as First Information Report and registered FIR No. 48 of 2000 dated 31.05.2000 against the appellant/writ petitioner and others named in the complaint by treating the original court complaint as FIR.

(3.) It appears that the police officer in-charge of NTPS Police Station informed by a letter to the CISF in respect of the complaint filed by Smt. Manju Das against the appellant/writ petitioner and others with a request to produce the officers named in the complaint as accused at the police station at NTPS for the purpose of investigation.