KRR NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed by the petitioner, challenging an Order No. O.A. 210/AN/2010 dated 27th March, 2012, passed by the Central Administrative Tribunal, Calcutta Bench, on circuit at Port Blair, dismissing the application of the petitioner under section 19 of the Administrative Tribunals Act, 1985 whereby the petitioner had inter alia challenged an order No. 731 dated 5th March, 2007 of the Disciplinary Authority imposing on the petitioner the penalty of reduction in rank from the post of Chief Fire Officer to the post of Inspector of Fire Brigade and also the Appellate Order dated 12th April, 2010 dismissing the appeal of the petitioner from the said order dated 5th March, 2007. The petitioner who had initially joined the Andaman and Nicobar Police Force as Constable on or about 16th June, 1975, was appointed as a directly recruited Sub-inspector of the Andaman and Nicobar Police Fire Service on or about 6th March, 1979. On or about 8th December, 1989 the petitioner was promoted as Chief Fire Officer of the Andaman and Nicobar Islands. The petitioner was awarded the President's Police Medal for meritorious service in the year 1994 and the President's Medal for distinguished service in the year 1999.

(2.) The petitioner submitted his defence to the charge-sheet and appeared before the Enquiry Officer. The Enquiry Officer duly submitted a report exonerating the petitioner of the charges under Articles I and III of the Articles of Charges, but holding that the charge under Article II had been proved.

(3.) Article II of the statement of Articles of charges has been set out above for the sake of convenience. The aforesaid charge was that the petitioner, while functioning as Chief Fire Officer, had deliberately manipulated the merit list (List -'M') for promotion of Head Constables (Leading Firemen) to the rank of Assistant Sub-Inspectors (Sub officers) prepared by the competent selection board, in accordance with the guideline of the standing order No. 5297 dated 29-07-1999, issued by the Inspector General of Police. The petitioner thus failed to maintain absolute integrity, devotion to his duty and acted in a manner unbecoming of a Government servant in contravention of Rules. 3(1)(i)(ii) and (iii) of CCS (Conduct) Rules, 1964.