Gita Mittal, J. - (1.) THE writ Petitioner has challenged the action of the Respondents in directing a departmental inquiry against him on ground of arbitrariness and illegality. It has further been contended that the disciplinary proceedings have been commenced on charges which are the subject matter of a criminal case pending in a court of law and for this reason, the disciplinary inquiry cannot be proceeded against.
(2.) THE Petitioner is a serving constable with the Central Industrial Security Force (hereinafter referred to as 'CISF') in the CISF Unit, Special Security Group, Greater Noida, Uttar Pradesh. A criminal case bearing FIR No. 56 was registered by the police station Sadar, Khanna, District Ludhiana, Punjab on 13th March, 2010 under Section 380 of the Indian Penal Code against the Petitioner. This case was registered with regard to an incident which occurred on 28th February, 2010 in which a service weapon being an AK -47 rifle bearing Butt No. 151 which had been issued to one constable Krishan Kumar, was found missing. The matter is stated to be pending trial before the Judicial Magistrate First Class at Khanna, Punjab. The Petitioner remained in judicial custody in this case for twelve days and was admitted to bail on the 26th March, 2010.
(3.) IN respect of the same incident, the Respondents have issued a charge memorandum on the 14th April, 2010 levelling the following charge against the Petitioner: That CISF No. 912292290 Constable/GD Tej Singh of CISF Unit SSG, Greater Noida, U.P. While deployed at CISF, SSG Unit, outpost Libra (Punjab) for the security of Hon'ble Shri S.S. Libra, MP, Lok Sabha failed to maintain high degree of discipline. On 28.02.2010 at about 2110 hrs after completion of his "B" shift duty, he took AK -47 rifle Butt No. 151 which was laying un attended on the bed of Constable Krishan Kumar on his own with a malafide intention and threw it outside the SSG camp Libra outpost camp premises on the night of 28.02.2010, the said weapon was later on found in a Dry Well of Libra Village on 08.03.2010 at about 1730 hrs with the help of Local Police. Thus, he has exhibited and act of gross indiscipline, mischief, misconduct and dereliction of duty which has tarnished the image of the Force in the eyes of public and made himself unfit to be a member of the Armed Force like CISF. Hence the Change. The Petitioner had denied the charge in his reply dated 23rd April, 2010. It is his contention that the post incharge was biased against him on the issue of sanctioning of outpass. Such pass had been wrongly denied to the Petitioner on the 28th February, 2010 despite his dire need thereof. It is even the Petitioner's case in the writ petition that he was aggrieved by the denial of the pass on the ground that another Constable Krishan Kumar who had performed similar duty as the Petitioner as well as one Constable Shish Ram were sanctioned outpass on 27th February, 2010. It is the case of the Petitioner that he had hot exchanges with the post incharge in this behalf.;