A K MUKHOPADHYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, an inspector in central industrial security force, was punished in a minor penalty disciplinary proceeding, and the decisions given by the disciplinary authority dated August 30th, 1999 and the appellate authority dated January 18th, 2000 have made him aggrieved. He challenges those decisions in this writ petition.

(2.) The English translation of the allegations made in the chargesheet dated July 15th, 1999, issued by the assistant commandant of the petitioner's unit in Hindi, is as under:- CISF No : 871300085 Ins./Exe. A. K. Mukhopadhyay is at present working a Com/Comm in A. Coy. On 8.7.1999 at about 10-45 hrs. when the Commandant Sri S. L. Prasad was travelling on the Barrage, he noticed a mini bus parked near BPI near National Highway No. 34 near the Security Zone. Inspector/Exe. A. K. Mukhopadhyay, despite being near the BPI did not take any action. Upon being asked by the Commandant he gave no reply. Considering the present critical situation there is a standing order for extreme caution. Inspite of being a Company Commander and despite the mini bus having stopped near the Security Zone he had taken no action. Consequently it was the commandant who had taken the action against the driver and helper. This has amounted to a grave negligence of duty and disobedience to the lawful order of the superior. Hence the charge.

(3.) The standing order referred to in the charge-sheet was issued by the deputy commandant on June 23rd, 1999, and para. 7 of it provides :- "The duty officer shall not allow any cars or vehicles of any kind to stop within 150 meters of either end of the Barrage. The driver of such vehicle should be explained politely and told to move on. No indecent behaviour or physical violence should be resorted to."