BISHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment is being dictated in open Court in the presence of the learned counsel for the parties. By way of this writ petition, the petitioner is seeking quashing of the order dated 24.9.2001 passed by Commandant, Group Centre, SSB, Dharampur. Petitioner has further prayed that the disciplinary enquiry initiated against him vide order dated 4.11.1999 and proceedings in connection thereto be quashed and set aside and the enquiry report given by the Enquiry Officer be held illegal and that he be reinstated with all consequential benefits. Undisputed facts leading to the filing of the present writ petition are as under:-

(2.) PETITIONER was enrolled as Constable No.8564509, in Group Centre, SSB, Dharampur, District Solan, H.P. and was lastly posted as Constable in Tapri Circle, District Kinnaur, H.P. On 24.4.1994, petitioner is alleged to have deserted his place of duty without permission of the competent authority to follow Shri Lachhi Ram and Shri Kedar Ram, who with mala fide intention had taken three tourists, namely, Shri Surinder Kumar, Shri Dalip Kumar and Smt.Sarita Devi, travelling from Uttar Kashi to Sangla, District Kinnaur. Petitioner alongwith Thakur Bhagat, Constable of Police Post, Tapri, met the aforesaid persons at a distance of about 2 to 2.5 Kms. from Tapri at about 1745/1800 hours. Petitioner alongwith Constable Thakur Bhagat asked the aforesaid three tourists for production of their Inner line permits, which was neither warranted nor fell within the sphere of his duty. Petitioner further forced these tourists to turn back to Tapri and on resistance, he alongwith Thakur Bhagat misbehaved with the tourists and also molested Smt. Sarita Devi. This amounted to misconduct, neglect of duty remissness in the discharge of his duties in his capacity as a member of the force under Section 11(1) of the CRPF Act, 1949, which is unbecoming of an SSB official bringing bad name/ disrepute to the Organization.

(3.) SHRI Man Mohan Singh, Assistant Commandant of Group Centre, SSB, Dharampur, was appointed as Enquiry Officer to enquire into the charges. Inspite of various opportunities having been afforded to the petitioner, he chose not to cooperate and remain ex parte and based on the material on record, statements of the witnesses recorded during the course of enquiry, Enquiry Officer held that the charges framed against the petitioner stands proved. Memorandum dated 22.5.2001 alongwith the enquiry report dated 24.11.2000 was supplied to the petitioner affording him adequate opportunity to represent and also to offer his views and comments with regard to the proposed penalty to be imposed. The petitioner (hereinafter after referred to as delinquent official) is stated to have responded to the same vide undated letter of June, 2001. However, vide orders dated 24.9.2001 the Disciplinary Authority decided that while going through the disciplinary proceedings on judicious circumstances, it was of the firm opinion that the acts of the delinquent official is in violation of the discipline of the organization and called for an exemplary punishment. He was considered to be unfit person to be retained in government service and was ordered to be dismissed from service with effect from 16.11.1999 that is the date on which he was earlier dismissed in view of conviction in criminal matter. No appeal is stated to have been filed against this order and the delinquent official has directly filed the instant petition assailing the disciplinary proceedings as also the decision in respect thereto by way of present writ petition.