P C MOLLA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of this writ petition, the petitioner a CRPF personnel has assailed the legality and validity of the order imposing the penalty of reduction in rank pursuant to a departmental enquiry.

(2.) THE petitioner was first appointed in the CRPF as Fitter and his such appointment was on 9. 12. 1969. While he was serving as Motor Mechanic/sub-inspector (hereinafter referred to as MM/si) at Shillong, a memorandum of charge sheet dated 17. 4. 2004 was issued proposing to hold an enquiry against the petitioner and one Sri Abhay Singh HC/dvr, on the charge indicated therein. The charge reads as follows :

(3.) ALONGWITH the memorandum of charge sheet containing the aforesaid charge, statement of imputation of misconduct in support of the article of charge, list of documents and list of witnesses were also furnished. The petitioner in response to the charge sheet submitted his written statement of defence on 7. 5. 2004 denying the charge levelled against him. In his defence it was stated that on 10. 10. 2003, there was heavy rain badly affecting the polo ground, Shillong where the 53 Bn. was stationed. The heavy rain badly damaged various items in the store depots. The petitioner when visited the site found the co-accused packing his belongings. He asked him to go to the POL dump where the rainwater had entered. The petitioner also informed the Deputy Commandant who was also the Motor Transport (MTO) over telephone about the rainwater entering the POL dump. The MTO then rush to the spot and advised to evacuate the goods and to put them on the adjacent tennis ground. Thereafter, light goods such as break oil, distil water, acid etc. were rescued including other such items like diesel, petrol, grease etc. However, the barrels full of diesel, petrol etc. could not be pulled out and they remained in the POL dump.