LAWS(GAU)-2002-12-33

RAM NIWAS Vs. UNION OF INDIA

Decided On December 13, 2002
RAM NIWAS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) When the disciplinary authority initiates a disciplinary proceeding against his employee and appoints an enquiry officer for holding the enquiry, but does not care to find out from, or refuse to listen to, the employee as to how the enquiry had progressed, whether the enquiry held was fair and when the disciplinary authority ignores the fact that the previous statement of a witness has been relied upon without producing the witness for cross- examination, when a confessional statement allegedly made by the employee as an accused to a police officer is relied upon without calling for the police officer as a witness at the enquiry and without ascertaining the voluntariness and truthfulness of the confessional statement so made and when in such circumstances, the enquiry report is not furnished to the employee to enable him to have his say in the matter, can the findings of the enquiry officer and the penalty imposed in consequence thereof be sustained by the Courts are some of the significant questions, which this writ petition has raised for consideration by this Court.

(2.) With the help of the present application made under Article 226 of the Constitution of India, the petitioner, a pioneer in GREF, has approached this Court with the prayer to set aside and quash the impugned order, dated 11.02.96, passed by the respondent No.4, namely, Commander, 48 BRTF, dismissing the petitioner from service.

(3.) In a nutshell, petitioner's case may be stated as follows: The petitioner was a pioneer (Sepoy) in the General Reserve Engineering Force (popularly known as GREF). At the relevant time, the petitioner was serving under 1444 Bridge Construction Committee under 48 Border Roads Task Force located in Arunachal Pradesh. While the petitioner was so serving, an FIR was lodged, on 13.11.95, at Mahadevpur Police Station (Arunachal Pradesh) by one Sri Harichandra Phukan of Krishnapur village alleging, inter-alia, that accused Ram Nivas (that is, the present petitioner) had taken away informant's daughter, namely, Miss Bhadrawati Phukan @ Smt Santi Phukan to his house, at Aligarh, in the State of Uttar Pradesh in the month of April, 1995, but it was, then, learnt by the informant from a letter received from his said daughter that after taking her to Aligarh, the petitioner had sold her to someone for Rs. 12,000/-. Based on this FIR, Mahadevpur Police Station Case No. 13/95 under Section 420/366 IPC was registered against the petitioner, The petitioner was taken into custody by police on 16.11.95. On 03.10.95, a letter was received by the Unit concerned from the said Sri Harichandra Phukan reiterating the allegations made in the FIR as indicated hereinbefore. Later on, the alleged victim girl, namely, Smt Santi Phukan appeared before the police and her statement was recorded on 19.12.95, wherein she stated to the effect that the petitioner had taken her to the house of one Om Vir Singh in UP and kept her there for some time and, then, the petitioner brought her to, and kept her at, his sister's house for two months and during her stay at the house of petitioner's sister, she (Smt Santi) came to know that she had been sold by the petitioner for Rs. 12,000/-. On 04.01.96 the petitioner was released from custody on the criminal case having been withdrawn by Sri Harichandra Phukan aforementioned on the basis of a compromise reached between the informant and his said daughter, on the one hand, and the petitioner, on the other. In this compromise petition, it was mentioned that the complainants daughter was a major, she had gone to Rajasthan on her own free will with one Ranbir Singh of village Sikrora and she had married Ranbir Singh. While the petitioner was under judicial custody, he had been placed under suspension, on 27.11.95, on the ground that he had remained in detention for more than 96 hours. By Memorandum, dated 15.12.96 (Annexure 3 to the writ petition) the respondent No.4, namely, Commander, HQ BR TF (GREF), C/O 99 APO, served the petitioner with articles of charge and statements of imputation informing the petitioner that an enquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, was proposed to he held against the petitioner and the petitioner was directed to file his written statement in defence the relevant portions of the memorandum being as follows: ANNEXURE -1 Statement of articles of charge framed against Shri Ram Niwas GS 168623 Y Pnr of 425 RM PI care 1444 BCC (GREF). Article - 1 That the said Shri Ram Niwas, GS 168623 Y Pnr, while deployed at Dett 425 RM PI Murthy Camp/Krishnapur and while proceeding on EL in Apr 95 took Miss Bhadrawati Phukan with him on 15 Apr 95 and took her to Aligarh/Rajasthan with intention to marry her, while a spouse is living. Thus Shri Ram Niwas, GS 168623Y Pnr violated Sub Rule (iii) of Rule 3 of CCS (Conduct) Rules, 1964. Article - II That the said Shri Ram Niwas, GS 168623Y Pnr, on objection from his wife to marry Miss Bhadrawati Phukan, betrayed and sold her for Rs. 12.000/-. Thus Shri Ram Niwas GS 168623Y Pnr, violated Sub Rule (i) and (iii) of Rule 3(1) of CCS (Conduct) Rules, 1964. ANNEXURE - II Statement of imputation of misconduct or misbehaviour in support of the articles of charge framed against Shri Ram Niwas, GS 168623 Y Pnr of 425 care 1444 BCC (GREF). Article -1 That the said Shri Ram Niwas, GS 168623Y Pnr, while deployed as Dett 425, PI Murthy Camp/Krishnapur had fallen in love with Miss Bhadrawati Phukan and while proceeding on El. In Apr'95 the said Ram Niwas, GS 168623 Y Pnr took Miss Bhadrawati Phukan with him on 15 Apr'95 and took her to Aligarh/ Rajasthan with the intention to marry her while a spouse is living. Article - II That the said Shri Ram Niwas, GS 168623Y Pnr, on objection by his wife Smt. Malti Devi and relatives to marry Smt. Bhadrawati Phukan, while a spouse is living, betrayed and sold Smt. Bhadrawati Phukan for Rs. 12,000/-. The petitioner submitted his written statement in defence denying the allegation that he had taken Smt. Santi Phukan alias Smt. Bhadrawati Phukan with intention to marry her and/or that he had sold her for Rs. 12,000/-. In course of time, Smt. SK Saha, Assistant Executive Engineer (Civil) OIC, 1501 BSC (GREF) was appointed as Inquiry Officer and TC Issac, a UDC, as presenting officer. The inquiry was accordingly conducted and upon receiving the inquiry report, the respondent No.4 vide his order, dated 11.12.96 (Annexure 6 to the writ petition) dismissed the petitioner from service under Rule 11 (IX) of the CCS Rule 1965. The petitioner preferred an appeal, dated 31.01.97, but the same was also turned down. Hence this writ petition.