SANTOSH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a member of CRPF. He was inducted into the service on 24/1/1998 as Sub-Inspector (Steno). During his service period, he was promoted from time to time and at the time of filing the writ petition, he was serving in the post of Assistant Commandant (Personal Secretary).

(2.) The petitioner was posted in the Office of the Inspector General, Jharkhand Sector of the Central Reserve Police Force at Ranchi from 2017 to June, 2019. On July, 2019 he reported back to the Office of the IG (Ops), CRPF, Jorhat, Assam in the same capacity as Assistant Commandant (PS), CRPF. Again in the month of September, 2019, the petitioner was asked to report before the Office of the Inspector General, Jharkhand Sector of CRPF in connection to verification of certain documents relating to SSF Accounts of the Office. The petitioner reported to the Office of the IG, Jharkhand Sector, Ranchi after obtaining due permission from his superior Officer. On 19/9/2019, when he had reported to the Office, he was handed over to the Civil Police of Nagari Police Station in the district of Ranchi. He was taken into custody by the police authorities in connection to Nagari Police Station Case No. 157/2019 under Ss. 407/468/471/419/420/409 of the IPC.

(3.) It is contended that the FIR before the Nagari Police Station was lodged by one Ramesh Kumar Jena who introduced himself as the Personal Secretary of Inspector General of Police, Jharkhand Sector where anomalies with regard to SSF Account No. 31303458311 was alleged and the FIR was lodged. He was put under suspension with effect from 27/9/2019 (wrongly quoted as 2018 in the order) in terms of Rule 10(2) of Central Civil Services (Classification, Control and Appeal) Rules, 1965 by the Ministry of Home Affairs vide order No. 1-45022/89/98-Pers-1 dtd. 30/4/2002. The petitioner was thereafter allowed to go on bail on 18/4/2020. After being released on bail, the petitioner sent an E-mail to the IG( Operations), Jharkhand and Group Centre, Jamsh-edpur by an E-mail dtd. 20/4/2020. By the said E-mail, he had intimated the authorities that he had been released on bail and has reached his home in Ranchi and requesting to arrange for Train Ticket or road transport from Ranchi to Group Centre, Jamshedpur for his journey. This E-mail was replied on 21/4/2020 whereby he was informed his declared headquarter is Group Centre, Jamshedpur and he is to take necessary directions in this regard for his controlling authority. On the same day, the petitioner sent an E-mail to DIG, Group Centre, CRPF, Jamshedpur. With reference to the earlier Email received seeking direction as to how the petitioner should reach Group Centre, Jamshedpur from Ranchi during the lockdown period.