- (1.) This writ application has been filed by the petitioner, challenging an Order No. O.A. 210/AN/2010 dated 27th March, 2012, passed by the Central Administrative Tribunal, Calcutta Bench, on circuit at Port Blair, dismissing the application of the petitioner under section 19 of the Administrative Tribunals Act, 1985 whereby the petitioner had inter alia challenged an order No. 731 dated 5th March, 2007 of the Disciplinary Authority imposing on the petitioner the penalty of reduction in rank from the post of Chief Fire Officer to the post of Inspector of Fire Brigade and also the Appellate Order dated 12th April, 2010 dismissing the appeal of the petitioner from the said order dated 5th March, 2007. The petitioner who had initially joined the Andaman and Nicobar Police Force as Constable on or about 16th June, 1975, was appointed as a directly recruited Sub-inspector of the Andaman and Nicobar Police Fire Service on or about 6th March, 1979. On or about 8th December, 1989 the petitioner was promoted as Chief Fire Officer of the Andaman and Nicobar Islands. The petitioner was awarded the President's Police Medal for meritorious service in the year 1994 and the President's Medal for distinguished service in the year 1999. By an order No. 1565 dated 23rd April, 2004, the Lieutenant Governor Andaman and Nicobar Islands, being the Disciplinary Authority, placed the petitioner under suspension in contemplation of disciplinary proceedings. Thereafter a Memorandum of charge being F No. 11-111/2004-HOME(PF) dated 7th February, 2005 was issued to the petitioner by the Disciplinary Authority. The Articles of charges framed against the petitioner were briefly as follows:-- ARTICLE-I That Shri K.R.R. Nair, while functioning as Chief Fire Officer, deliberately manipulated the merit-list (List 'L' i.e. promotion of constables (firemen) to the rank of Head constables, (Leading firemen), approved by the selection committee, thereby favouring candidates in lower merit. That such act of manipulation of the merit list prepared by the competent selection board in accordance with the guidelines of the standing order No. 5297 date 19.07.1999 issued by the Inspector General of Police constitutes grave misconduct and abuse of his official position. Shri K.R.R. Nair thus failed to maintain absolute integrity, devotion to his duty and acted in a manner unbecoming of govt. servant in contravention of Rule 3(J)(i)(ii) & (iii) of CCS (Conduct) Rules, 1964. ARTICLE-II That Shri K.R.R. Nair, while functioning as Chief Fire Officer, deliberately manipulated the merit list (List-"M") i.e. promotion of Head Constables (leading fireman) to the rank of Assistant Sub-Inspectors (Sub-Officers) prepared by the Competent selection board in accordance with the guidelines of the Standing Order No. 5297 dated 29.7.1999 issued by the Inspector General of Police Shri K.R.R. Nair thus failed to maintain absolute, integrity, devotion to his duty and acted in a manner unbecoming of govt. servant in contravention of Rule 3(1)(i)(ii) & (iii) of CCS (Conduct) Rules, 1964. ARTICLE-III That Shri K.R.R. Nair, Chief Fire Officer, instigated some of the constable (firemen) to submit false and frivolous joint petitions directly to the Inspector General of Police against the merit list (List-1) of constables (firemen) prepared in accordance with the guidelines of the standing order No. 5297 dated 29.7.1999, by the competent selection board duly constituted by the Inspector General of Police, thereby encouraging indiscipline in the Police Force. That the aforesaid conduct of Shri K.R.R. Nair, Chief Fire Officer, amounts to grave misconduct, and he acted in a manner unbecoming of an officer of A&N Police Fire Service thereby contravening of Rule 3(1)(i)(ii)(iii) (Conduct) Rules, 1964.
(2.) The petitioner submitted his defence to the charge-sheet and appeared before the Enquiry Officer. The Enquiry Officer duly submitted a report exonerating the petitioner of the charges under Articles I and III of the Articles of Charges, but holding that the charge under Article II had been proved.
(3.) Article II of the statement of Articles of charges has been set out above for the sake of convenience. The aforesaid charge was that the petitioner, while functioning as Chief Fire Officer, had deliberately manipulated the merit list (List -'M') for promotion of Head Constables (Leading Firemen) to the rank of Assistant Sub-Inspectors (Sub officers) prepared by the competent selection board, in accordance with the guideline of the standing order No. 5297 dated 29-07-1999, issued by the Inspector General of Police. The petitioner thus failed to maintain absolute integrity, devotion to his duty and acted in a manner unbecoming of a Government servant in contravention of Rules. 3(1)(i)(ii) and (iii) of CCS (Conduct) Rules, 1964.;