NARENDRA NATH TIWARI,J. - (1.) THE petitioner, a Deputy Inspector General of Central Industrial Security Force (for short C.I.S.F), aggrieved by the initiation of departmental proceeding by Memorandum dated 13th January 2006, has preferred this writ petition praying for quashing the entire departmental proceeding including the charge sheet on the ground of bias and malafide and the same being wholly unfounded and uncalled for.
(2.) THE grievance of the petitioner is that he has been malicouously implicated in the departmental proceedings by Shri H.V. Chaturvedi, I.G.NES -the respondent No. 6 who has been promoted to the rank of Inspector General of Police by superceding the petitioner and his promotion is subject to final result of the writ petition filed by the petitioner now pending in the Calcutta High Court, being W.P No. 1504/03 (admitted by the respondent in Para 40 of C.A). Actuated by the said malice and bias, the petitioner has been falsely roped in a departmental proceeding on frivolous charges framed on the basis of report of the preliminary enquiry submitted by the respondent No. 6. It has been stated that the impugned Memorandum of charge contains three articles of charges against the petitioner which are related to an incident which took place in Durgapur Steel Plant on 10.6.05, while the petitioner was posted as the Deputy Inspector General of Police, C.I.S.F, Unit Durgapur Steel Plant. The incident was a reported theft of Nut Coke by Dumper No. WB -39/1939. According to the petitioner when he received the information about the said occurrence at about 1800 Hrs., he immediately directed the Commandant Mr. K.K. Singh to come in action and apprehend the said Dumper. According to the petitioner, the Commandant took immediate steps and apprehended the empty dumper and brought the same with the driver to the C.I.S.F Complex Bhiringi. The General Manager (Services) of Durgapur Steel Plant was immediately informed about the seizure of the Dumper, who on getting information came to the C.I.S.F Complex with two other officials. In the mean time, the local police had also arrived and the driver was interrogated in their presence. The officials of Durgapur Steel Plant, Mr. T.K. Sarkar, Assistant General Manager (Raw Materials) and Mr. A. Ghosh, Manager (Raw Materials) thereafter submitted a written complaint to the petitioner. On the said complaint, the petitioner gave a written instruction to the Commandant to hand over the Dumper and driver to the local police. At about 2015 Hrs. on 10.6.05, the Commandant informed the Faridpur Police Station, Durgapur about the same. An F.I.R was then drawn up by the local police on the basis of a written report of the officials of Durgapur Steel Plant being F.I.R No. 171 of 05 and case was registered under Sections 379/409 and 120B of the I.P.C. It has been stated that in order to ascertain as to whether the C.I.S.F personnel had any hand and connivance in the said incident, the Inspector, C.I.W, was detailed by the petitioner to make an enquiry on 10.6.05. On the basis of the report, six C.I.S.F personnel were arrested. A senior officer to the rank of Assistant Commandant, Mr. P.K. Basu, was deputed to conduct the preliminary enquiry on 12.6.05. But in the mean while, the petitioner was transferred to the C.I.S.F Head Quarters on 14.6.05. Before he left the place, six C.I.S.F personnel were suspended on the direction of the petitioner.
(3.) IT has been further stated that while the preliminary enquiry conducted by Mr. P.K. Basu, Assistant Commandant, was in process, the respondent No. 6, who had personal bias against the petitioner, deliberately started another preliminary enquiry regarding the said incident behind the back of the petitioner. The same was intended to implicate the petitioner in a departmental proceeding in order to create another impediment in his due promotion. The said respondent No. 6 submitted a report alleging supervisory failure on the part of the petitioner. On the said basis the impugned memorandum of charges dated 13.1.06 containing three articles of charges was served on the petitioner initiating major penalty proceeding under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The Articles of charges are as follows: STATEMENT OF ARTICLES OF CHARGE FRAMED AGAINST SHRI Z.S. SAGAR, D.I.G, C.I.S.F ARTICLE -1 That the said Shri Z.S. Sagar, while posted and functioning as D.I.G, C.I.S.F Unit, D.S.P, Durgapur from 11.6.2002 to 16.6.2005, committed a gross misconduct in that when the management officials reported to him regarding theft of Nut Coke by a private Dumper No. WB -39/1291, at about 1750 hrs. on 10.6.2005, through the 'Out Gate' No. 2 A of DSP Durgapur, with the connivance of CISF personnel, he failed to lodge an FIR with the Police. Even after the Management officials gave him written complaint regarding the said theft, he did not take steps to lodge an FIR, and failed to discharge his supervisory role as a DIG, entrusted with the security of the entire Plant under his charge. Thus, Shri Z.S. Sagar, did not maintain absolute devotion to duty and acted in a manner unbecoming of an officer in his rank and service in an Armed Force of the Union, like CISF. ARTICLE -2 That the said Shri Sagar, while posted and functioning during the aforesaid period failed to maintain proper command and control over his staff. The CISF personnel posted at Gate No. 2A of Durgapur Steel Plant, connived with a Dumper Driver and allowed to the above said Dumper carrying stolen Nut Coke to go out of the Plant without verification and checking on 10.6.2005 at about 1750 hrs. They also tampered with records maintained at the Gate to cover their lapses. The CISF personnel, instead of protecting the Plant, were involved in the theft of Plant property in connivance with the Dumper Driver and others. This incident tarnished the image of the CISF in the eyes of the public. This clearly indicates that Shri Sagar, did not exercise proper command and control over his subordinates. Thus, Shri Z.S. Sagar, failed in his supervisory duty and thereby acted in a manner unbecoming of a Government servant of his rank in an Armed Force of the Union like CISF. ARTICLE -3 That, the said Shri Sagar, while posted and functioning in the aforesaid capacity during the aforesaid period, committed a deliberate misconduct by sending a false report to C.I.S.F H. Qrs. with an intention to mislead his senior officers. He sent an incident report after a lapse of two days vide message No. E -42011/1/CIW/DSP/2005 -551 dated 12.06.2005 wherein he intentionally did not point out the connivance of CISF personnel posted at the gale when the theft took place. He also did not check and verify the records maintained in the register where the CISF personnel had tampered with the records by overwriting. He did this with a view to shield corrupt CISF personnel. Thus Shri Z.S. Sagar failed to maintain absolute devotion to duty and acted in a manner unbecoming of an officer of his rank and service in an Armed Force of the Union like CISF. ;