RAKSH PAL RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) A short question of law raised in this appeal is whether the absence of use of expression provisional in the dissenting note prepared by the appointing authority for communicating the same with the inquiry report to the Charged Officer would vitiate the order inflicting the punishment of reducing the pay of the delinquent to the lowest scale in the time scale of Rs. 10000- 325-15200 for a period of three years etc. The question has been raised in the instant appeal under Clause 12 of the Letters Patent which is preferred by the Charged Officer, Deputy Commandant in the Central Reserve Police Force. The appeal is directed against the judgment and order dated 09.04.2008 rendered by learned Single Judge of this Court, holding that the rules have been religiously complied with.

(2.) Brief survey of facts would be necessary before we embark upon to answer the pristine question posed in the preceding para. The charged-Officer Shri Raksh Pal Rana was posted as Deputy Commandant, Central Reserve Police Force (CRPF) and was functioning as QM/MTO/Adjutant, 61 Bn CRPF Mantripokhri, Imphal. Two trucks bearing No. DIL-1704 and DL-IC-6598 of 16 Bn CRPF were intercepted by Customs and Central Excise authorities near Patna on the intervening night of 11/12 August, 1995, which were allegedly carrying contraband Ganja . One Shri B. S. Yambem, Commandant 61 Bn, when learnt about the seizure on 13.08.1995, he allegedly issued an ante-dated office order No. o.III-I/95-Ops-61 dated 07.08.1995 indicating that Shri Ram Singh Assistant Commandant would proceed to Dimapur area on 08.08.1995 for special operation duty in one light vehicle and two 1 Ton/ 3/5 Ton along with escort to be selected by him. A copy of the said ante-dated office order was allegedly delivered to the charged officer Shri R. P. Rana on 13.08.1995 but he also ante-dated his acknowledgement for having received it on 07.08.1995. Shri R. P. Rana, Dy. Commandant, with a view to fabricate evidence for dispatch of vehicle for special operational duties as mentioned in the aforesaid ante-dated office order of the Commandant, called SI/MM B. L.Roy and ordered him to prepare an ante-dated report to the effect that he had inspected all the three vehicles Nos. DIL-4107, DL-IC-6598 and Gypsy No. DDD-5220, on 8.8.1998 before dispatch for special operations.

(3.) In the Court of Inquiry conducted by the then Additional Director General (HQR) during February, 1996 in connection with seizure of contraband Ganja , a prima facie case of misconduct was found to be made out on the part of many officers including R. P. Rana, Deputy Commandant. Thus a Regular Departmental Inquiry was ordered to be conducted against him on the following charges:-