Aparesh Kumar Singh, J. - (1.) ARGUMENTS have been advanced on the part of the petitioner as well as the respondents.
(2.) FOR an incidence, which occurred on 20th September, 2010 at Kolkata Airport, petitioner was charge -sheeted on 22nd November, 2010 of having assaulted one A.S.I./Clerk, Somasundram. After a preliminary inquiry leading to a disciplinary inquiry she has been removed from service. The Appellate Authority as well as Revisional Authority have rejected her appeal and revision. The petitioner, however, did not participate in the domestic inquiry which concluded ex parte in the finding of guilt against her. Based upon the inquiry report she was imposed with a punishment of removal from service. The petitioner, delinquent employee made a complaint before West Bengal Commission for Women of assault and misbehaviour by one B.K. Das, Deputy Commandant, Somasundram, A.S.I./Clerk and other associates on 20th September, 2010. Her complaint was forwarded for necessary action to Director General of Police, C.I.S.F., Headquarter, Government of India vide memo dated 11th April, 2011, Annexure -15 with copy to the Deputy Inspector General of Police, C.I.S.F., Airport, NES, Kolkata enclosing her application as well. She had also made a complaint before the Directorate of Public Grievances, Government of India, which was also forwarded to Department of Administrative Reforms and Public Grievances as per Annexure -16 letter dated 10th May, 2011. The department of Personnel, Administrative Reforms and Public Grievances forwarded her complaint vide letter dated 27th May, 2011 to Joint Secretary (Coord. & PG), Ministry of Home Affairs and an intimation was also sent to the petitioner, Annexure -17. The Ministry of Home, in turn, also forwarded the same to the Director General, C.I.S.F. through an office memorandum of July, 2011, enclosed as Annexure -18. Petitioner has been communicated by Director General, C.I.S.F. through Annexure -19 letter No. 2571 dated 12th August, 2011 of the action taken in respect of allegations made by her with regard to incidences of sexual assault/misbhaviour. The communication at Annexure -19 shows that for complaint of sexual assault against one Constable, A.K. Singh on 26th December, 2009, after an inquiry was conducted by the Sector Complaints Committee and the allegations were found true, the said constable was awarded with a penalty of reduction of pay by three stages for three years with cumulative effect. An allegation against constable, S.K. Bhagat for an incidence of 11th March, 2010 was not found to be established in a preliminary inquiry.
(3.) IN respect of her allegation of the instant incidence of 20th December, 2010, which led to her removal from service, it is stated that the preliminary inquiry held into the incident found prima facie case against the petitioner and thereafter a disciplinary inquiry under Rule 36 of C.I.S.F. Rules, 2011 was conducted against her, which led to the charges being established. As a result, she was awarded penalty of removal vide order dated 26th May, 2011. In respect of allegation against Sri B.K. Das, Deputy Commandant, CISF that he got her beaten up by office staff and A.S.I., Somasundaram had cut her hair, the same was found to be not proved, on the statement of office staff present and by any documentary evidence by the Enquiry Officer. In respect of allegation of sending obscene SMS on her mobile by Sri B.K. Das, Deputy Commandant, it is stated that the allegation could not be verified due to non -production of Mobile Phone by her before Preliminary Inquiry Officer. In respect of further allegations against one Sri Banga, Commandant and Sri D. Kar, Assistant Commandant, it is stated that an inquiry was conducted by a Senior Commandant and the allegations were found to be false and fabricated. It further appears from Annexure -21 dated 5th January, 2012 that Director General of Police, C.I.S.F. was also requested to look into the representation of the petitioner in respect of reinstatement by the National Commission for Minority.;