BHAGAWAN MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) -The petitioner was a constable in the Central Industrial Security Force (for short CISF). Petitioner has questioned the order of dismissal dated August 10, 2000 by the disciplinary authority being annexure P-24. It was also confirmed by the Appellate Authority by its order dated August 7, 2001 being annexure P-26. As many as five charges were framed against the petitioner under Rule 34 of the CISF Rules, 1969. In substance and effect, the imputation in the charges framed against the petitioner is to the effect that the delinquent (petitioner) devised, designed and executed financial irregularity amounting to Rs. 70,871/- by which the charged officer deceived his superior officer thereby failing to maintain absolute integrity and devotion to duty. Along with the articles of charge, list of documents by which the said charges was proposed to be sustained was furnished to the petitioner along with a list of witnesses by whom said charges were proposed to be established.

(2.) One of the grievances of the petitioner was that he prayed for furnishing of the preliminary enquiry report along with the statement recorded during the preliminary enquiry, which was denied to him. It is, however, not disputed that the other documents prayed for by the petitioner as per his letter annexure 'B' at page 31 dated December 20, 1999 were furnished to him by the respondent authority through the covering letter annexure P-3. The reasons for non-supply of the preliminary enquiry report is stated in annexure P-5 being the letter dated February 12, 2000 on the ground that it is an inter office correspondence and since not considered, relevant for preparation of the defence, the same was not supplied. Petitioner was also informed through the same letter that the relevant documents as listed in annexure III to the charge sheet had already been supplied and that if the petitioner wishes to inspect the same documents, he may report to the office on any working day and can as well take extracts thereof.

(3.) A prayer was also made by the petitioner for change of the enquiry officer on the ground that some of the witnesses on behalf of the department are senior in rank to the enquiry officer. The said plea was rejected by the disciplinary authority on the ground that there is no rule to debar an Inspector to conduct the enquiry when PWs are senior to him in rank.