IMPORTANT POINT
The distinction between departmental and criminal proceedings, and the relevance of evidence and witnesses in determining the impact of acquittal in a criminal case on disciplinary proceedings.

JUDGMENT

1. The petitioner is challenging the order of removal from service issued by the Deputy Inspector General, CISF (SZ) vide proceeding No.V-15013/06/2K/L&R/(SZ)/7729, dtd. 1/12/2000 and subsequent proceedings dtd. 30/3/2001, 2/4/2002, 11/12/2009 as illegal and arbitrary and the petitioner seeks reinstatement into service with all consequential benefits.

2. The petitioner was recruited as a Sub-Inspector in CISF on 16/7/1984. The petitioner was promoted as an Inspector in the month of February, 1993. The petitioner was posted to Visakhapatnam Steel Plant in December, 1995 and was working in the Crime and Intelligence Wing. On 9/12/1998 the petitioner was placed under suspension and memorandum of charges dtd. 17/4/1999 was issued to the petitioner. The following charges were framed against the petitioner.

Articles of Charge - I

That the said No.841110014 Insp./Exe.K.Muniratnam while functioning as I/c.Crime and Int.wing of CISF Unit, VSP Vizag during the period on 20/8/1998 he neither reported about the incriminatory motives involved by the personnel engaged for the works of M/s.Ajanta Steels, at Visakhapatnam (V), concealed the matter with him nor took any initiative to curb such incidents in the plant. This act on the part of Insp./Exe.K.Muniratnam amounts to negligence of duty.

Articles of Charge - II

That during the period and while functioning in the aforesaid office, the said No.841110014 Insp./Exe.K.Muniratnam of CISF Unit VSP(V) seized validity expired gate pass of Shri S.K.Basha the supervisor of M/s.Ajanta steels during 15th to 20/11/1998 which he neither deposited at pass Sec. nor informed the matter to the authorities and kept in his possession with malafide intention. This act on the part of Insp./Exe.K.Muniratnam amounts dereliction of duty.

Articles of Charge - III

That during the period and while functioning in the aforesaid office the said No.841110014 Insp./Exe K.Muniratnam of CISF Unit VSP (V) lended a huge amount to Shri Venkatram Proprietor of M/s.Ajanta Steels to whom he is having official dealings. This act on the part of Insp./Exe K.Muniratnam amounts to violation of service rules.

Articles of Charge - IV

That No.841110014 Insp./Exe K.Muniratnam of CISF Unit VSP(V) visited the location of yard cum office of M/s.Ajanta Steel at his own by Government jeep provided to CIW wing for his own business where he was trapped by CBI Officials on 6/12/1998. By this act, he failed to maintain proper conduct and thereby tarnished the good image of CISF which amounts to gross indiscipline, misconduct and dereliction of duty on the part of Insp./Exe.K.Muniratnam.

3. An enquiry was conducted by the enquiry officer and charge I, III and IV were said to be proved. The petitioner submitted his explanation to the enquiry report on 21/8/2000. The DIG, CISF, Chennai after considering the enquiry report and the representation of the petitioner imposed a penalty of removal from service and the period of suspension from 19/12/1998 till the passing of the order dtd. 1/12/2000 as not on duty. The petitioner filed an appeal and review before the appropriate authorities of the respondents, in vain. The learned counsel for the petitioner submits that the CBI case against the petitioner ended up in conviction in CC.No.22 of 1999 after trial by the Special Judge for CBI Cases, Visakhapatnam on 4/2/2002. The petitioner was sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.3, 000.00 and in default of payment of fine of Rs.3, 000.00 to suffer simple imprisonment for a period of one month. The petitioner filed an appeal before this Court and this Court vide Judgment dtd. 10/9/2009 allowed the Criminal Appeal No.184 of 2002. The learned counsel submits that the articles of charge were leveled against the petitioner on account of the trap laid by CBI Officials. It is alleged in the charge that the petitioner approached Ajantha Steels on 6/12/1998 at about 06.20PM and obtained an amount of Rs.5, 0