Rongon Mukhopadhyay, J. - (1.) IN this application, the petitioner has prayed for quashing the order dated 18.06.2012 issued by respondent No. 3, whereby and whereunder a penalty of compulsory retirement has been inflicted upon the petitioner. It has further been prayed for a direction upon the respondents to desist/refrain from acting in furtherance of or in pursuance to the order dated 18.06.2012.
(2.) THE facts which appear in the writ application are that the petitioner is in the rank of Assistant Commandant in Central Industrial Security Force and the service of the petitioner is governed by the Central Civil Services (Classification, Control & Appeal) Rules, 1965. A complaint was instituted on 28.09.2006 before the Director General, CISF by one lady constable namely Sarita Das of CISF Unit Lilabari Airport, wherein it was alleged that the Unit Commander of CISF Unit Lilabari Airport namely C.L. Ganjir had entered into her quarter in the night intervening 22/23.7.2006 and had tried to outrage her modesty. It was further alleged therein that the attempt made by the Unit Commander was foiled and on cry of alarm raised by the lady constable, persons in the locality gathered and thus the lady constable was saved from clutches of the Unit Commander. The Unit Commander was suspended on such allegation of sexual harassment and a departmental proceeding was initiated, which culminated in inflicting of punishment of compulsory retirement against C.L. Ganjir. The issue further resurfaced on the complaint made by C.L. Ganjir dated 4.4.2009, in which aspersions were cast that the petitioner was involved in a conspiracy in getting removed C.L. Ganjir by involving him in the alleged misconduct. Taking cognizance of the complaint made by C.L. Ganjir, a preliminary inquiry was held by one S. Nayak DIG/AP(E&NE), CISF, Kolkata, who on conclusion of the same came to a finding that during the relevant period, the petitioner was the center of communication around whom all personnels of ASG Lilabari had regular contact and that the petitioner had made 53 calls to the CISF personnels at Lilabari and had also received 28 calls on reply. Based on the finding of the preliminary inquiry, a Memo dated 15.02.2010 with the articles of charge, statement of imputation of misconduct, list of documents and list of witnesses, were served upon the petitioner. Reply was submitted by the petitioner to the memo of charge denying the allegations made against him. However, one Shri S.K. Mohanka, Commandant, CISF, NALCO was appointed as in Inquiry Officer in terms of office order dated 20.04.2010 and on conclusion of the inquiry, the same was submitted and a copy of the said report was also supplied to the petitioner vide letter No. 379 dated 1.6.2011. A reply was submitted by the petitioner and ultimately an order was passed by the respondent No. 3 dated 18.06.2012, whereby and whereunder the petitioner has been awarded a penalty of compulsory retirement from service in terms of Rule 14 of 1965 Rules.
(3.) HEARD Mr. K.P. Deo, learned counsel for the petitioner and Mr. Rajiv Sinha, learned Assistant Solicitor General of India.;