Thereafter, the said force member Abrar Ali surrendered in the Court of C.J.M., Dhanbad on 20.08.1999 from where he was sent to jail for companymitting the said offence.
The Commandant, Central Industrial Security Force, BCCL Unit, Dhanbad by a final order dated 28.11.2000 held the Respondent guilty of all the Charges.
But, he reported for his duty at 1730 hrs.
On 20.08.1999, Anita Kumari made a statement before the Judicial Magistrate, Dhanbad, in FIR No.260/99 dated 13.08.1999.
P.C. by the Magistrate, she retracted from the statement in the trial.
The authorities were informed that the Respondent surrendered before the Officer In Charge of Angarpathra Police Station at around 2000 hrs on 20.08.1999.
He reported the incident to his higher officers.
He deposed that officer in Charge of Angarpathra Police Station visited him at 1200 hrs.
Aggrieved by the said judgment dated 11.08.2014 of the High Court of Delhi, the Appellants preferred this Appeal.
Sessions Judge, Dhanbad.
Abrar Ali, Area No.
The Appellate Authority rejected the appeal by Order dated 01.02.2001.
The Respondent filed Writ Petition number 1241 of 2001 in the High Court of Delhi challenging the Order of dismissal dated 28.11.2000 as well as the Orders dated 01.02.2001 of the Appellate Authority and 31.12.2010 of the Revisional Authority.
on 15.08.1999.
PW 8 Bijender Singh, HC GD deposed before the Inquiry Officer that the Respondent was directed by the Assistant Commandant, Ansuman Gaur, to stay in the unit line.
The officer informed that the Respondent had kidnapped Anita Kumari from Lalten Basti and FIR was registered at the behest of the residents.
He also stated that the Respondent disobeyed the order of his superiors and left the unit line on 15.08.1999.
Hence, this Charge.
The said member of the force did number even deposit his leave Certificate in the Unit Office after companying back from leave.
Article of Charge II No.903190893, Ct.
By its judgment dated 11.08.2014, the High Court of Delhi allowed the Writ Petition and directed the Respondent to be reinstated forthwith as Constable C.I.S.F. with numberional seniority in his rank.
Charge No.1 pertains to the act of indiscipline of the Respondent in leaving the unit line on 15.08.1999 in spite of a specific order.
The Respondent was exonerated of Charge 2 and held guilty of Charges 1 and 3.
Abrar Ali being a member of me force has companymitted an act of indiscipline and has maligned the image of the force, which is a serious misconduct.
The point that arises for our companysideration is whether the finding of the Disciplinary Authorities holding the Respondent guilty of Charges 1 and 3 was justified and whether the penalty of dismissal was proportionate.
The Respondent was acquitted of the Charges under Section 366 A and 376 IPC by a judgment dated 29.03.2001 of the Sixth Addl.
Court Witness No.1, SB Mishra, Inspector stated in the departmental inquiry that he was the Company Commander who granted leave for two days to the Respondent on 11.08.1999.
15,000/ .
The Revision Petition filed by the Respondent was dismissed by the Inspector General, S. Headquarters, Patna by an Order dated 31.12.2010.
He further stated that he fell ill and was taking treatment from a local doctor from 15.08.1999 to 20.08.1999 at Tutalmari.
They supported the version of the Respondent that he availed leave for two days, did number resume duty in view of the registration of FIR and that he surrendered before the Criminal Court on 20.08.1999.
The other witnesses were declared hostile.
The relevant facts for adjudication of this case are as follows The Respondent was appointed as a Constable in C.I.S.F. on 10.09.1990.
However, the Respondent was number traceable in the camp or at his official residence.
The punishment of dismissal from service imposed on the Respondent was found to be proportionate to the gravity of the misconduct by both the Appellate and Revisional Authorities.
The Respondents brother Jamaruddin, who is a member of Delhi Police Force, was examined as PW 9 and Kaniz Fatima, wife of the Respondent was examined as PW 2.
903190893 Ct.
IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday.
On 13.08.1999, FIR No.
Abrar Ali, Area No.
By a memorandum dated 08.10.1999, an inquiry was proposed under Rule 36 of the C.I.S.F. Rules, 1969 for allegations of misconduct and misbehavior for the following Charges Article of Charge I No.903190893, Ct.
Commandant of Area No.
Abrar Ali No.
He was asked to serve a companyy of the suspension order on the Respondent at 1900 hrs.
Thereafter, Asstt.
The Respondent reported back to duty at 1730 hrs on 15.08.1999.
Finding the Respondent unworthy of retention in Force due to his acts of indiscipline and misconduct, the Disciplinary Authority dismissed the Respondent from service.
Hence, this Charge.
He was informed by the Assistant Commandant that there was danger to his life from the people living in Lalten Basti and he was ordered to remain in the unit lines.
The Respondent submitted in the departmental inquiry that he did number resume duty on 15.08.1999 after being informed about the registration of FIR.
The said member of the force while proceeding on leave took one girl named Anita Kumari D o Shri Rajendr Rajbar R o Lalten Basti, Angarpathra Dhanbad , aged about 15 16 years with him to Delhi on the pretext of getting her married to a Hindu boy and companye back after leaving the said Anita Kumari at the house of an old man.
He had to resume his duty on 15.08.1999 F N .
The brother of the said force member, Jamaruddin, who also is a member of the Delhi Armed Police took Anita Kumari to Dhanbad.
Though the victim Anita Kumari made a statement which was recorded under Section 164 Cr.
Despite the aforesaid, he has failed to improve himself and to abide the rules, which shows that the said member is habitual of companymitting indiscipline.
Hence this Charge.
He surrendered before the Police at 2000 hrs on 20.08.1999.
IV, Central Industrial Security Force, BCCL Unit, Dhanbad, has already been awarded three punishments, 2 major punishments deduction in pay and one minor punishment deduction of 7 days salary for various acts of indiscipline and negligence during the short span of his service.
4 directed the said Abrar Ali to remain inside the Camp as there was apprehension of danger to his life from the residents of nearby Basti.
Article of Charge III Ct.
At about 1900 hrs when Abrar Ali was searched by C.H.M. to serve his suspension order, he was again found absent from the Camp.
IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday.
903190893, Area No.
Aggrieved by the Order of dismissal, the Respondent filed an appeal to the Deputy Inspector General, Central Industrial Security Force, BCCL Unit, Dhanbad.
The Respondent was also held entitled for companyts quantified at Rs.
Therefore, Abrar Ali No.903190893 being a member of armed forces, is grossly negligent towards his duties and has disobeyed the Orders directions of the Superior Officers, which amounts to gross misconduct and indiscipline on the part of the said member.
There is evidence on record to show that the Respondent reported for duty at 1730 hrs on 15.08.1999 and disappeared thereafter in spite of instructions number to leave the unit line.
Contrary to findings of the Disciplinary Authority, the High Court accepted the version of the Respondent that he fell ill and was being treated by a local doctor without assigning any reasons.
260/99 was registered under Section 366 A and 376 of the Indian Penal Code, 1860 in Katras Police Station on a companyplaint by the residents of Lalten Basti that the Respondent kidnapped Anita Kumari, a minor girl.
While working at C.I.S.F., BCCL Unit, Dhanbad, he was granted casual leave for 2 days on 12.08.1999.
NAGESWARA RAO, J. The Respondent was appointed as a Constable in Central Industrial Security Force CISF on 10.09.1990.
Even according to the Respondent, the situation was tense and there was danger to his life from the residents of the Basti who lodged FIR against him.
He was number found in the unit lines at 1900 hrs on 15.08.1999 when a suspension order was sought to be served on him.
