S.B.SINHA - (1.) This Letters Patent Appeal is directed against a judgment and order dated 15.04.2002 passed by a learned Single Judge of this Court in C.W.P. No. 1972 of 2002 whereby and whereunder the writ petition filed by the appellant herein questioning an order of the disciplinary authority dated 06.12.2001 was dismissed.
(2.) The basic fact of the matter is not in dispute. The appellant herein was appointed as an Assistant Commandant in the Central Reserve Police Force ( in short, 'CRPF' ) in the year 1994. A disciplinary proceeding was initiated against the appellant herein by a Presidential Memorandum dated 08.06.1999, which was issued in terms of Rule 14 of The Central Civil Services (Classification, Control And Appeal) Rules, 1965 ( in short, 'CCS (CCA) Rules, 1965' ) whereby and whereunder the appellant herein was called upon by the disciplinary authority answer the following articles of charge :- "ARTICLE NO. I Shri. S.K. Ojha, Asstt. Corndt. 76 BN, CRPF (now posted to 12 BN CRPF) while posted and functioning as Sector Commander, Merapani (Assam) during 1997 committed an act of serious misconduct in that in his capacity as Sector Commander was actively involved in illegal and corrupt activities like collection of money /extortion from truck drivers, timber smugglers, hooch peddlers and local shopkeepers, thereby tarnished the image and reputation of the Force. Thus, the said Shri. S.K. Ojha failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a Government servant and thereby violated the provisions contained in rule 3 (I) (I) (ii) and (iii) of CCS (Conduct) Rules, 1965. ARTICLE NO. II That the said Shri. S.K. Ojha while posted and functioning in the aforesaid BN and in the aforesaid capacity during the aforesaid period committed a serious misconduct in that by misusing his official position and utilizing the services of his subordinates No. 820700371 L/NK Baljinder Singh C/76 Bn. 921290088 CT Jiva Bhai, C/76 BN. 903051897 CT Mohd. Rafiq Ahmed Sheikh, C/76 Bn., 941175105 CT. Deepak Biswas, C/76 Bn and No. 910960015 Ct. Mukesh Kumar, D/76 Bn. CRPF extorted money by detailing them to go to ocal villages to bring the identified personnel before him to collect/extort money through corrupt practices. Thus, the said Shri. S.K. Ojha failed to maintain absolute integrity, devotion to duty and acted in a manner unbecoming of a Govt. servant and thereby violated the provisions contained in rule 3 (1) (I) (ii) and (iii) of CCS (Conduct) Rules, 1965'. ARTICLE NO. III That the said Shri. S.K. Ojha while posted and functioning in the aforesaid Bn. And in the aforesaid capacity during the aforesaid period committed a serious misconduct in that he tried to bring influence to bear upon his superior authority to further his interest by making local people/petty politicians submit public representation/petition against his transfer from his place of duty. Thus, the said Shri. S.K. Ojha failed to maintain devotion to duty and acted in manner unbecoming of a Govt. servant and thereby violated the provisions contained in rule 3 (1) (I) (ii) and (iii) of CCS (Conduct) Rules, 1965." In the said proceeding, the Enquiry Officer was appointed on 02.09.1999. By a report dated 08.06.2000, the Enquiry Officer inter alia held that Articles II and III of the charges were not proved and only Article I thereof stood partially proved. The appellant herein was not served with a copy of the said report dated 02.09.1999. The disciplinary authority, however, did not agree with the findings of the Enquiry Officer as regard Article I of the charges and held that the same had,'fully been proved allegedly on the ground that the prosecution witness Nos. 3, 17, 18, 19, 20 and 21 categorically proved the illegal gratification by the appellant herein from the villagers and truck drivers, etc. By a notice dated 06.07.2000, the appellant herein was asked to show-cause as to why the penalty shall not be imposed upon him. Pursuant to or in furtherance of the said notice, the appellant herein filed a representation before the disciplinary authority on 02.08.2000. By reason of an order dated 06.12.2001, the appellant herein was inflicted with a major penalty. Prior thereto, an advice of the Union Public Service Commission ( in short, 'UPSC' ) was also sought for and the UPSC vide its advice dated 02.11.2001 had also made recommendations for infliction of the said punishment. By an order dated 15.12.2001, the appellant's name was struck off from the strength of the unit of CRPF. The appellant herein filed a representation before the President of India against the said order dated 15.12.2001 in February, 2002, which has since been dismissed.
(3.) In the aforementioned situation, the appellant herein challenging the orders dated 06.12.2001 and 15.12.2001 filed the aforesaid writ petition, which was registered as C.W.P. No. 1972 of 2002. The learned Single Judge of this Court by reason of the impugned judgment and order dated 15.04.2002, while holding that the requirement of law had been satisfied as the petitioner therein had been served with a show-cause notice, disposed of the writ petition directing that necessary steps be taken by the respondents for disposal of the appeal filed by the petitioner therein within a period of three months from date.;