UNION OF INDIA Vs. SAIED MEERA

JUDGEMENT

(1.) Since facts in these two applications under Article 226 of the Constitution of India are identical and they are directed against the common judgment dated 23rd December, 2005 passed by the Central Administrative Tribunal, Calcutta Bench (Circuit at Port Blair) in O. A. Nos. 59/AN/2004 and 60/AN/2004, the same were heard together and are being disposed of by this common judgment.

(2.) By separate memorandum dated 13th March, 2002, the Applicants before the Tribunal being the respondents in the two writ applications were charge-sheeted. The article of charge reads as follows : - Article -I "That PC/1999 Saied Meera, PC/1973 Lawrence Robert and PC/1084 J.J. Edward, while posted to RPRS. Guard at Campbell Bay, consumed liquor alongwith a woman namely Smt. Bali Devi, W/o Shri Jaggu Badaik (30) R/o Nehru Colony, Campbell Bay and when Smt. Bali Devi was fully under drunken state all of the aforesaid Police Constables indulged in sexual intercourse with her in the guard room (restricted area) in the forenoon of 20.01.2002. That their such immoral conduct with Smt. Bali Devi is considered conducive to the indiscipline and constitutes grave misconduct and misbehaviour on their part, thereby unbecoming of the members of disciplined Police Force, rendering them liable for punishment under Rule 9-3 of A & N Police Manual, 1963."

(3.) Upon receipt of the charge-sheet, the petitioners denied having indulged in immoral conduct, as alleged. An enquiry followed. Before the Enquiry Officer, Smt. Bali Devi was produced as a witness for the prosecution. The English translation of her evidence in Hindi before the Inquiry Officer, as has been handed over to this Court by learned Counsel for the petitioners, in its entirety is quoted below : - " I reside alongwith my husband and two children at Babu Line in my own house and my husband is a labour under Mr. Grewal, a contractor. On 20.1.2002 while I was going for work, I met RPRS guard PC 1999 Saied Meera at 0700 hrs. in the main gate of RPRS. I have brotherly relation with Shri Saied Meera. While we were talking two officers, whom I don't know, came from inside the RPRS guard and found me in conversation with said PC 1999 Saied Meera. After some time I left for my house. On 5.2.2002, I was called by ASI RN Mishra in the Police Station to record my statement. In the statement, I have stated that PC 1999 Saied Meera, PC 1973 Lawrence Robert and PC 1084 J.J. Edward have indulged in sexual intercourse with me, which has been recorded by ASI RN Mishra, which is not true because PC Saied Meera, PC J.J. Edward and PC Lawrence Robert have neither committed any wrong nor I entered in guard room."