- (1.) The appellant herein was initially appointed as Assistant Sub-Inspector (Clerk) in the Central Reserve Police Force and ultimately, was promoted to the post of Office Superintendent. A charge-sheet was issued to the said appellant by the respondent No. 4 on 5th September, 2007. The Article of Charges mentioned in the said charge-sheet are set out hereunder: " ARTICLE I The said No. 831570278 SM/OS J.K. Sarkar of Group Centre, CRPF, Durgapur (W/B) while functioning as SM/OS has committed serious misconduct in his capacity as a member of the Force, under Section 11(1) of CRPF Act, 1949 in that he was allegedly found involved in recruitment racket in Durgapur (W/B) in which in association with some other CRPF personnel posted in different office for helping out the prospective candidates to get recruited in CRPF by misusing his official capacity. He was also found to be in the process of selling of the contents of question paper meant for written examination of CT(SD) in CRPF which was scheduled to be held on 11/4/07 at Durgapur/Siliguri and Jhargram centres of West Bengal. This act of his is unbecoming of a Government servant and prejudicial to the good order and discipline of the force. ARTICLE II
(2.) That said No. 831570278 SM/OS J.K. Sarkar Group Centre, CRPF Durgapur (W/B) while furnishing as SM/OS has committed serious misconduct in his capacity as a member of the force, under Section 11(1) of CRPF Act, 1949 in that immediately after news of leakage of the contents of question paper and postponement of the recruitment of CT(GD) in CRPF at Durgapur/Siliguri AND Jhargram Centres was flashed and an officer was detailed to conduct PE in to the leakage of question paper, he steathily vanished from GC, CRPF, Durgapur and remained on O.S.L. on the plea of ill health to evade his appearance and deposing of statements before the Enquiry Officer, who by then reached G.C. Durgapur to conduct Preliminary Enquiry. Said SM/OS J. K. Sarkar before leaving his duty place/station neither obtained any permission from the competent authority nor informed his controlling officer before leaving the station. This act of his is unbecoming of an Government servant and prejudicial to good other and discipline of the Force."
(3.) The Disciplinary Authority also appointed Enquiry Officer for the purpose of conducting the departmental enquiry in respect of the aforesaid charges mentioned in the charge-sheet. The said Enquiry Officer after completion of the enquiry proceeding submitted his report to the Disciplinary Authority for taking further necessary action. The Disciplinary Authority thereafter, forwarded a copy of the report of the Enquiry Officer to the appellant herein and also granted liberty to the said appellant to submit any representation within 15 days from the date of receipt of the said enquiry report. Within a week thereafter, a copy of the disagreement note of the Disciplinary Authority on the aforesaid report of the Enquiry Officer was also forwarded to the appellant herein.;