(1.) HEARD Mr. K. Rabei, learned counsel for the petitioner as well as Mr. Amarjit Naorem, learned CGSC for the respondents.
(2.) THE petitioner who is presently serving as an Assistant Sub Inspector under the Sashastra Seema Bal (SSB) has approached this Court by filing this writ petition praying for setting aside the Court of Inquiry being held at Frontier/HQs, SSB, Siliguri and summon dated 20.6.2014 issued to the petitioner and subsequent Memorandum dated 25.6.2014 as being contrary to the Office Memorandum dated 18.10.2013 which lays down the guidelines regarding handling of anonymous complaints in Ministries/Departments, issued by the Ministry of Personnel & Public Grievances & Pensions, Government of India.
(3.) ON receipt of the said Memoranda, the petitioner through his counsel sent a legal notice to the respondents No. 3, 4 & 5 for revocation of summon dated 29.5.2014 and requesting to drop the Court of Inquiry proceeding as the Court of Inquiry was initiated on the basis of certain anonymous letter which was not permissible under the Office Memorandum dated 18.10.2013 issued by the Ministry of Personnel & Public Grievances & Pensions, Government of India according to which no action is required to be taken on an anonymous complaint, irrespective of the nature of allegations and such a complaint needs to be simply filed. The said legal notice was responded to by the authorities by informing the petitioner that no action had been taken against the petitioner based on the anonymous complaint and discreet inquiry or Court of Inquiry is an administrative matter and it is the prerogative of the administrative authority to know and verify the facts, if any, bought to their knowledge albeit through anonymous complaint, to maintain discipline in the force, vide their letter dated 24.6.2014. It was also stated in the said letter that ordering for enquiry and summoning somebody to give witness in the enquiry does not constitute any action against him.