BIKASH NARZARY Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard learned Counsel for the parties.

(2.) This writ petition has arisen from a disciplinary proceeding against the petitioner which was finally concluded with the penalty of withholding increments for three years with cumulative effect. The material facts are that the petitioner Bikash Narzari was serving as Inspector. Railway Protection Force, when on 29.7.2001 at about 10.25 hours a goods train was derailed in between Tipkai-Manglajhar railway station. In the said accident five wagons containing sugar were derailed. The place of accident had no road connection at that time and there was torrential rain when the accident had occurred. The petitioner along with the superior officer, Mr. S.S. Sarma, the Asstt. Security Commissioner, Bongaigaon, went to the place of accident and after some time left the spot with the same train escorting the engine part and 16 wagons which were not derailed. The said wagons were taken to Sapatgram and thereafter the officials returned to FKM. The Asstt. Sub Inspector of the force, Mr. K.C. Roy and other security staff also had left the spot on the advise of the local police and CRPF as the said place was at that time within extremist belt and was not safe for them to stay for guarding derailed wagons. As a result, the derailed five wagons were left without any security guard leading to theft of 1238 bags of Sugar. It is stated that 40% of the Sugar in the said wagons was damaged due to torrential rain.

(3.) It would appear from a copy of the report submitted by Mr. M. Lakra, Asstt. Security Commissioner, CIB. for Chief Security Commissioner, that in connection with the said accident a team from the head quarter was assigned to make an inquiry and the said team submitted its inquiry report on looting of 5 (five) derailed wagons loaded with sugar. The findings of the said team in paras 10, 13, 15 have been quoted in that report with observations/decisions of the Chief Security Commissioner. In Para 13 of the inquiry report it was found that the Asstt. Security Commissioner and Inspector Protection Force (the petitioner) had escorted 16 wagons and G.S. Coach attached with the engine to Sapatgram at about 23/45 hours on the night of accident. They, however, returned to FKM at 1/45 hours on 30.7.2001. The Chief Security Commissioner observed that IPF should be asked to explain why the said wagons and coach were not brought to FKM where proper guarding could be done. No observation has been made either by the said team or by the Chief Security Commissioner about IPF's liability to provide security to the five derailed wagons.