MUKESH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri A.K. Ray, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC.

(2.) The instant petition has been filed challenging a departmental proceeding and its outcome of imposition of penalty of stoppage of increments for 3(three) years with cumulative effect. It is the case of the petitioner that in May, 2009 he was working at Paharpur Outpost, one Inspector Shri H.P. Upreti was abducted by some villagers. On getting the information, a group of jawans including the petitioner approached on the spot and at first requested the crowd for release of the Inspector. As the jawans attempted to release the Inspector, the crowd became violent and started pelting stones to which the jawans had resorted to lathi charge and opened fire in air to disperse the crowd and to release the Inspector. Later, the Commandant, 33Bn, SSB filed an FIR on 6/5/2009 which was registered as Tamulpur P.S. Case No. 60/2009 under Sec. 147 / 148 / 149 / 365 / 427 / 325 / 336 of the IPC.

(3.) The respondent authorities had issued a memorandum of charges to the petitioner and other jawans involved alleging that there was no attempt to release the Inspector in a peaceful manner and thereby they defamed the Department and an Enquiry Officer was also appointed. The said Enquiry Officer issued another memorandum of charges based on the same allegation and vide another order, one D.B. Sonar, Deputy Commandant was appointed as an Inquiry Authority. On receipt of the memorandum, the petitioner had submitted his written statement denying all the charges.