S S DARBARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Sri, S. S. Darbari who is a member of the Indian Police Service (IPS) and is presently functioning as a Deputy Inspector General of Police (DIG) has filed this writ petition challenging the order of the Central Administrative Tribunal, Jaipur Bench dated 27. 3. 97 by which the learned Members of the Tribunal have refused to quash and set aside the charge-sheet dated 17. 6. 94 issued to the petitioner by the State of Rajasthan through respondent No. 2, Secretary, Department of Personnel, Government of Rajasthan under Rule 8 of the All India Service (Discipline and Appeal) Rules, 1969. THE Tribunal refused to do so on the ground that the Tribunal can neither interfere with the charge-sheet at the stage of issuance of charge-sheet nor can given any direction to the respondents to hold DPC for consideration of his claim for promotion. Consequently, the application of the petitioner was rejected by the Tribunal.

(2.) THE petitioner on his part has initially related the background under which the charge-sheet has been issued to him in order to predominantly emphasize that the charge-sheet was issued as a sequel of one round of litigation relating to his claim for promotion and his challenge to adverse ACRs which went upto the Supreme Court where the petitioner Shri Darbari succeeded and it was directed to the respondents not to take into consideration the adverse ACRs for the period of 1992-93. Thus the petitioner's one of the plank while challenging the charge-sheet is that the impugned charge-sheet dated 17. 6. 94 was slapped on the petitioner as a consequence of the previous litigation which is not only, malicious and flimsy but is also extremely vague and unsustainable which do not call for any enquiry.

(3.) IN regard to the third charge, regarding use of unparliamentary language in letter dated 11. 6. 93, the petitioner has produced the letter itself in order to establish that the contents of the letter itself are self-explanatory which do not disclose any misconduct calling for an enquiry. The contents of letter (marked as Annex-12 to this writ petition) may be perused in this context which reads as follows : " No. PHQ/93/39-40 Dated 11. 6. 93 To, The Director General of Police, Rajasthan, Jaipur. Sub : Sanction of commuted Leave for the month of Feb. to April, 1993 and payment of the same and also duty pay for the month of May, 1993. Ref. : Your No. 5551-54 dt. 8. 6. 93, requiring me to attend the course 'management of Training' w. e. f. 12. 7. 92 to 17. 7. 93 at S. V. P. Hyderabad. Sir, I am required to attend the above mentioned course at Hyderabad, as communicated to me vide copy of your letter referred to above. IN this connection, I would like to mention that I have not been paid my salary for the last four months. Salary of Feb. to April, 1993 has been held up for want of sanction of I. G. (Adm.) who has raised a number of trivial and baseless objections (No. V 15 (27) Police-Adm.-A/92/803 dated 6. 5. 93 enclosed) even though the medical certificates and fitness certificate are from very senior doctors of reputed Govt. Hospitals in Delhi, and are on the format prescribed by the Central Govt. As such, the objections are not worthy of reply. And my duty pay for the month of May, 93 has also not been paid. This is the treatment being meted out to the senior-most DIG in the State under your regime, and the same amounts to wilful harassment. It is regrettable that things have come to such a pass only in my case. I would, therefore, request that salary of the above period may please be made payable to me at the earliest in order to avoid financial hardship and to meet urgent requirements of the family, and also to enable me to get necessary AIR reservations made in time to enable me to attend the said course. I would also request sanction of 5 days C. L. w. e. f. 5. 7. 93 to 9. 7. 93 with permission to avail G. H. failing on 4th, 10th and 1 l. 07. 93 to enable me to attend to some personal work on way. Yours faithfully, sd/- (S. S. Darbari) Dy. INspr. Genl. of Police, (Adm.) Rajasthan, Jaipur, Copy submitted to the Principal Secretary, Home, Govt. of Rajasthan, Jaipur for favour of information. sd/- Dy. INspr. Genl. of Police, (Adm.) Rajasthan, Jaipur