SUNIL AMBWANI,J. - (1.) HEARD Sri P.K. Misra, learned Counsel for the petitioner and Sri B.P. Tripathi, Additional Standing Counsel, Central Government for the respondents.
(2.) THE petitioner joined Central Industrial Security Force (CISF) as a Constable in the year 1970. He was promoted as Assistant Sub -Inspector in 1991. While posted at Bokaro Steel Ltd. District Dhanbad in June 2000 he was transferred and posted as Assistant Sub -Inspector, CISF Indian Oil Corporation Ltd. Mathura. In the Writ Petition No. 47859 of 2003, the petitioner has prayed for quashing an order by which Deputy Commandant, CISF Unit, IOC Ltd. Mathura placed him under suspension under Rule 33 (1) of CISF Rules, 2001 and the attachment order dated 30 -8 -2003 by which he was attached to CISF unit PTPC Panki, Kanpur. By interim order dated 28 -10 -2003 the suspension order as well as attachment orders were stayed making it open to the respondents to continue with the disciplinary proceedings. In the Writ Petition No. 43752 of 2004, the petitioner has prayed for a direction to the Commandant, CISF, IOC Ltd. Mathura to give him documents claimed by him vide applications dates 24 -2 -2004 and 24 -3 -2004, and further to accept the petitioner's reply to the charge -sheet and only then to proceed further with the enquiry. A perusal of the charge -sheet dated 21 -2 -2004 issued by Commandant,CISF Unit, Mathura shows that the petitioner has been charged with committing an act prejudicial to good order and discipline, in that he submitted false medical bills vide vouchers dated 17 -12 -2002 for Rs. 1486.00 and medical expenses with mala fides intention of wrongfully gaining Government money, committing cross indiscipline, misconduct and violation of the rules by making a petition directly to Home Secretary, Ministry, Home Affairs, Director, CBI, Director General, CISF and Executive Director, IOC Ltd. Mathura, with regard to his grievances, by -passing the prescribed channels of communications; committing the gross indiscipline, misconduct and disobedience in refusing to accept/receive official letters dated 30 -8 -2003 and having failed to comply with the instructions given by the Commandant, in accusing Commandant and Assistant Commandant for taking specially cooked food brought from hotels outside, and entertaining the our side guests without making payments at the cost of dining members between November, 2000 to March 2002 whereas the dining members were given dried Chapattis, watery dal; for disobeying the law in leaving his designated head quarters at CISF Unit Lines Mathura without valid permissions w.e.f. 1 -10 -2003 to 10 -11 -2003. The charge -sheet is accompanied with the statement of imputations of misconduct with regard to each of the charges and the list at the documents to support the charges levelled under Rule 36 of CISF Rules, 2001.
(3.) SRI P.K. Misra, learned Counsel for the petitioner submits that under Rule 16 of the CISF Rules of 2001, the Commandant, is the appointing authority of the petitioner, and thus the petitioner could not be suspended by an officer below the rank of the Commandant. The charges are absolutely frivolous and that the petitioner is being persecuted on account of his complaints with regard to irregularities and financial mismanagement, narrated to DIG, CISF on his visits. The petitioner raised genuine grievance and for which he is being victimized by the Deputy Commandant of the unit. The documents demanded by him are necessary for preparation of his defence and that denial of principle of natural justice at any stage of the departmental proceeding gives right to the petitioner to file a Writ Petition claiming fairness in the proceedings.;