FIROZ AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is an Inspector of the Railway Protection Force (hereafter the Force), South-Eastern Railway. Based on the allegation that he has committed an offence punishable under Section 120B, Indian Penal Code, read with Sections 7 and 13 of the Prevention of Corruption Act, 1988, he is standing trial before the court of the Special Judge, CBI Cases, Ranchi.

(2.) The report under Section 173(2), Code of Criminal Procedure (hereafter the Cr.P.C.) filed by the Inspector of Police, CBI, ACB, Ranchi dated April 11, 2011 reveals that a written complaint dated February 15, 2011 was received from one Sri Sankar Prasad Verma (hereafter the complainant). It was alleged therein that the petitioner (he was Inspector RPF Post, South-Eastern Railway, Muri, at that point of time) had demanded an illegal gratification of Rs. 20,000/- from the complainant in lieu of showing favour to his cousin brother, Basant Kumar Kushwaha who was implicated in Case No. RC. 02(A)/11(R). It further appears that a trap was laid upon observance of pretrap formalities. In course thereof, the petitioner was found to have demanded and accepted the illegal gratification of Rs. 20,000/- from the complainant on February 15, 2011. Annexure II to the police report under Section 173(2) of the Cr.P.C., being the list of witnesses by whom the prosecution wishes to establish the charges levelled against the petitioner, lists the names of 24 (twenty-four) witnesses including, inter alia, the complainant, Trilochan Mishra (independent witness), Priya Ranjan (Inspector of Police, CBI, ACB, Ranchi) and Khursheed Hasan (Assistant Security Ccommissioner, RPF, Ranchi).

(3.) By an order dated February 15, 2011, the petitioner was placed under suspension with immediate effect. On November 3, 2011, the Senior Divisional Security Commissioner of the Force initiated disciplinary proceedings against the petitioner by issuing a charge-sheet. Annexures I and II to the chargesheet are the Memorandum of Statement of Charge and the imputations of misconduct under Rule 153 of the Railway Protection Force Rules, 1987 reading as under: