- (1.) Challenging orders dated 03.10.2000, 12.01.2001 and 25.07.2002, the petitioner has approached this Court by filing the present writ petition.
(2.) At the relevant time, the petitioner was posted as Sub Inspector of Police, CISF, CCWO, Dhanbad and in the night of 6th/ 7 th July, 1999 an incident took place in which one Constable namely, S.C. Hota was beaten by four inmates and eventually he died. A criminal case was registered against those four persons and the petitioner was also implicated in said case. On 15.10.1999, a chargememo along with Article of imputation of charge, list of documents etc. were served upon the petitioner. The charges are as under, Article of Charge I : That, the said CISF No: 802020031 SI/ Min. Md. Kayum Ansari of CISF Unit CCWO Dhanbad, is charged with "grave misconduct" in that, in the intervening night of 0607th July, 1999 while CISF No: 73430241 HC S.C. Hota was beaten by some CISF Personnel at the Unit Hqrs. Complex itself, the said SI/Min. Md. Kayum Ansari is alleged to have aided, abetted and istigated the CISF Personnel, actively involved in the beating of HC S.C. Hota. Thus the said No: 802020031 SI/Min. Md. Kayum Ansari acted in a manner highly unbecoming of a member of an Armed Force of his rank. This act, on the part of the said NO: 802020031 SI Md. Kayum Ansari is highly prejudicial to the good orderly act of a member of an Armed Force, and hence the charge. Article of Charge II : That, the said CISF No: 802020031 SI/Min. Md. Kayum Ansari of CISF Unit CCWO Dhanbad, is charged with "gross misconduct" in that, in the intervening night of 0607th July, 1999 he is alleged to have brutally attacked/assaulted CISF No: 734300241 HC/GD S.C. Hota by slaps, lathies, fists and kicks etc. As a result of which HC/GD S.C. Hota succumbed to his injuries in BCCL Central Hospita, Khanbad on 08.07.1999 at about 1230 Hrs. This act, on the part of the said No: 802020031 SI/Min. Md. Kayum Ansari tantamounts to "gross misconduct" and is highly unbecoming of a member of an Armed Force, and hence the charge. Article of Charge III : That, the said CISF No: 802020031 SI/Min. Md. Kayum Ansari of CISF Unit CCWO (D), is charged with "serious misconduct" in that, in the intervening night of 0607th July, 1999 CISF No: 734300241 HC S.C. Hota was brutally beaten and assaulted by a few CISF Personnel, as a result of which HC/GD S.C. Hota succumbed to his injuries. SI/Min. Md. Kayum Ansari, being a member of an Armed Force and a responsible SubOfficer failed to take cognizance of beating of HC/GD S.C. Hota through it is alleged that he was very much present at the scene of crime. Thus, he failed to prevent such a henious crime going on, in his presence. This act on the part of said SI/Min. Md. Kayum Ansari, tantamounts to "serious misconduct" and highly unbecoming or a member of an Armed force, and hence the charge. Article of Charge IV : That, the said CISF No: 802020031 SI/Min. Md. Kayum Ansari of CISF Unit CCWO (D), is charged with "gross misconduct" in that, in the intervening night of 0607th July, 1999 CISF No: 734300241 HC S.C. Hota was brutally beaten by some CISF Personnel and he remained a mere spectator of the whole incident, which, it is alleged, took place infront of him. Subsequently SI/Min. Md. Kayum Ansari, suppressed the fact of beating of HC S.C. Hota by some member of CISF and above all his involvement in the beating and thus vitiated the whole enquiry and tried to mislead the Senior Officers regarding this serious incident. This act, on the part of said No: 802020031 SI/Min. Md. Kayum Ansari, tantamounts to "gross misconduct" and highly prejudicial to the good order and discipline of an Armed Force, and hence the charge.
(3.) An enquiry was conducted and in the enquiry report dated 08.02.2000, Charge Nos. 1 and 2 were not found proved and the enquiry officer has observed that Charge Nos. 3 and 4 stand proved in view of the 'circumstantial evidence'. A copy of the said enquiry report was given to the petitioner on 04.04.2000 and he submitted his reply on 21.04.2000. The disciplinary authority passed order of penalty on 03.10.2000 imposing the penalty of reducing the petitioner to the lower rank of ASI/Clerk until he is found fit, after a period of 5 years from the date of that order, to be restored to the rank of SI/Min. and during the suspension period between 10.07.1999 to 20.06.2000, he will not be considered on duty and he will get only subsistence allowance. Thereafter, the petitioner preferred an appeal. On 12.01.2001, the appellate authority considered the defence of the petitioner and found that only Charge No. 3 stood proved against the petitioner and accordingly, he reduced the punishment of demotion of five years to three years and other punishment deducting half salary during the period of suspension remained untouched.;