- (1.) The petitioner has challenged the order dated 3.5.2000 passed in a departmental proceeding by the respondent No. 3, Deputy Inspector -General, whereby the petitioner has been awarded punishment of reduction of pay for a period of two years and also withholding of salary except subsistence allowance during the period of suspension. The order, dated 13.12.2000 passed by the respondent No. 4, Inspector -General, CISF, Patna, as an appellate authority, is also impugned in this writ application.
(2.) IN 1999 while the petitioner was posted as Inspector in CISF, Bokaro Steel Ltd., Bokaro he was served with the article of charges issued by the respondent No. 2, Director -General, CISF. It was alleged that while he was on duty as Coy. Commander 18 pieces of steel plates belonging to Bokaro Steel Ltd. have been taken out from the factory and he did not report the theft to the higher authorities. The petitioner filed his reply denying the charges. The Enquiry Officer submitted his report. On the basis of said report the respondents have passed the impugned order of punishment. The petitioner filed a departmental appeal but the appellate authority rejected the same. Mr. M.S. Anwar, learned Counsel appearing on behalf of the petitioner, assailed the impugned order as being illegal and perverse in law. Learned Counsel submitted that although the charges against the petitioner have not been conclusively proved but the impugned order of punishment has been passed. Learned Counsel drawn my attention to the enquiry report as also the finding recorded by the appellate authority and submitted that both are self - contradictory.
(3.) FROM perusal of the enquiry report, it appears that the petitioner was served with the following article of charges : - - "ARTICLE OF CHARGE -I No. 751130056 Insp/Exe Ahmed Sher (U/S) was holding the charge of" Coy Commander "B" Coy since 12.07.1998 to 14.06.1999. While functioning as Coy Commander of "B" Coy. Inspector/Exe Ahmed Sher was cautioned b/ No. 873150022 Insp/Exe M.K. Pathak of CIW stating that some miscreants might try to take out materials from inside the plant through CEZ gate with the connivance of employees of BSL/CISF. Insp/Exe Ahmed Sher did not take any action to strengthen security arrangements nor made any attempt to check the performance of the personnel manning CEZ gate by having close supervision. As a result miscreants could take out 18 pieces of Stainless Steel Plates from ARS -II of CRM and pass through CEZ gate in a vehicle belonging to BSL and bearing registration No. BHR -6506 on 7.05.1999. This act on the part of Insp/Exe Ahmed Sher amounts to gross misconduct. ARTICLE OF CHARGE -II No. 751130056 Insp/Exe Ahmed Sher (U/S), who was functioning as Coy Commander of "B" Coy on 07.05.1999, did not report to his higher authorities in CISF about 18 pieces of SS Plates taken out from ARS -II of CRM in a vehicle belonging to BSL and bearing registration No. BHR -6506 and driven by BSL Driver Shri R.A. Singh which passed through CEZ gate along with stolen materials. By suppressing facts about theft of materials belonging to BSL No. 751130056 Insp/Exe Ahmed Sher (U/S) has committed acts of gross misconduct. ARTICLE OF CHARGE -III No. 751130056 Insp/Exe Ahmed Sher (U/S) while functioning as Coy Commander of "B" Coy on 07.05.1999 failed to detect overwriting made in outgoing Empty Vehicles Register maintained at CEZ gate. Such overwriting was made at SI. No. 25 of page No. 34 of the said register by No. 802190288 HS/GD. R.P. Singh of "B" Coy who was on duty at CEZ gate in "B" shift on 07.05.1999.";