DILBAG SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Union of India.

(2.) Petitioner, a constable, under CISF while posted at CISF Unit, Bokaro Steel Plant, Bokaro was proceeded against for the following charges vide charge sheet dtd. 19/11/2008 (Annexure-3).

(3.) Prosecution adduced six witnesses. Four witnesses were summoned by the court including Constable M. Bhagat on whose motorcycle petitioner had driven out from the Unit on the fateful day after the shift hour. Petitioner did not adduce any witness in his defence. Apart from his defence statement, certain documents which include medical book (Annexure-1) were exhibited. Petitioner had taken a plea that he was suffering from dysentery. He had undertaken treatment at the Bokaro Steel Plant General Hospital and was prescribed medicines on 3/10/2008 and also on 4/10/2008. On the fateful day also, he was suffering from dysentery and had gone out to relieve himself for a while when he was found absent from his post. The Inquiry Officer held that charge no. 1 is proved. However, charge no. 2 was held as not proved. The Inquiry Officer came to a finding that on 5/10/2008 petitioner was found absent without information or permission. This conduct amounted to grave negligence and indiscipline on the part of a Member of the Disciplined Force towards his duty. In respect of charge no. 2, the Inquiry Officer referred to the statement of prosecution witness nos. 3 to 5 and court witness no. 4 and observed that the court witness no. 2 constable M. Bhagat did accept that the petitioner rode as a pillion rider with certain objects with him, but none of these witnesses were able to prove as to what that object was. Apart from above, PW-2 had deposed that both hands of the petitioner were blackened, but in answer to charge no. 2, he further stated that constable Rajendra Kumar was present at Kurmidih gate. Constable Rajendra Kumar in answer to charge no. 2 did not confirm that both hands of the petitioner were blackened. As such, charge no. 2 was not established. The inquiry report is Annexure-9 dtd. 17/3/2009.