UNION OF INDIA Vs. JAYANTA KUMAR PATHAK

JUDGEMENT

(1.) This is a second round of litigation between the parties.

(2.) Respondent/writ petitioner was posted as officiating commandant of 34th Battalion, SSB, Alipurduar between 8/2/2017 to 23/4/2017. A compliant was made by constable G.D. Shyam Nandan Singh of the said battalion to the headquarters SSB, New Delhi alleging respondent/writ petitioner had received undue favours from suppliers. Letter was forwarded to Front Headquarters, Siliguri and a discreet enquiry was initiated. During the discreet enquiry an anonymous letter was received and forwarded to the Front Headquarters with recommendation of Chief Vigilance Officer. Sri A. K. Pandey, Inquiry Officer conducted the court of enquiry and submitted a report of 7/12/2017. The report was forwarded to the Assistant Director Vigilance FHQ, SSB.

(3.) In the meantime, respondent/writ petitioner had been posted at 35th Battalion, SSB, Patna. Accordingly, court of enquiry report was forwarded to the Inspector General, Front Headquarters, SSB, Patna. After examining the matter and obtaining approval of the Inspector General, Deputy Inspector General SHQ, SSB, Gaya directed disciplinary action against the accused as per Rule 46 of The Sashastra Seema Bal Rules, 2009 ('SSB Rules' for short).