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1998 Supreme(Cal) 197
High Court Of Calcutta
BHAGAWATI PRASAD BANERJEE, RANAJIT KUMAR MITRA
U.N.BISWAS - Appellant
Versus
UNION OF INDIA - Respondent
W. P. C. T. 132 Of 1998
Decided On : 04/29/1998
B.R.GHOSAL, DINABANDHU DAS, K.N.BHATT, RAJAN RAY, SAMIR GHOSH, Sovanlal Hazra, TAPAS HAZRA, UMA BANERJEE
Headnote:
CENTRAL BUREAU OF INVESTIGATION - DEPARTMENTAL ENQUIRY - CHARGESHEET - VALIDITY - ALL INDIA SERVICES (CONDUCT) RULES, 1968 - RULE 3(1) - VIOLATION - INSUBORDINATION - LACK OF KNOWLEDGE - ACTION OF THE PETITIONER IN WRITING A LETTER TO THE ARMY AUTHORITIES FOR DEPLOYMENT OF THE ARMY FOR THE PURPOSE OF EFFECTING ARREST OF SHRI LALOO PRASAD YADAV PURSUANT TO THE ORAL ORDER PASSED BY THE HON'BLE JUDGES OF THE PATNA HIGH COURT, BIHAR - WHETHER AMOUNTS TO MISCONDUCT - WHETHER THE CHARGESHEET DISCLOSES ANY MISCONDUCT - WHETHER THE FACTS AND CIRCUMSTANCES WARRANTED INITIATION OF THE DEPARTMENTAL PROCEEDINGS.
Fact of the Case:
The petitioner, Dr. U. N. Biswas, was served with an article of charge sometime in February, 1998 for the purpose of holding a departmental enquiry, was as follows: \"dr. U. N. Biswas, IPS, (WB : 68), while posted as Joint Director (East), CBI, Calcutta and during the course of supervision of AHD Cases of Bihar failed to maintain absolute devotion to duty and committed gross misconduct in as much as he acted irresponsibly and in excess of his authority in a manner unbecoming of a member of the All India Service in that : on 29/30. 7. 1997, he on his own and without prior approval and authorisation from the Director, CBI, and without justification and authority and in violation of the law for calling army help in aid of civil authority had initiated and pursued steps for deployment of the army in the matter of execution of Non-Bailable Warrant issued by the Special Court against Shri Laloo Prasad Yadav, Ex-Chief Minister of Bihar, who figured as an accused in CBI Case No. RC-20 (A)/96-PAT. In pursuance of his illegal orders, SP, CBI, AHD, Patna, Shri V. S. K. Kaumudi submitted a written requisition to the local army authorities on 30. 7. 97 morning for deployment of army personnel for execution of Non-Bailable Warrant of arrest against Shri Laloo Prasad Yadav at Patna. This direction given by Dr. U. N. Biswas to his subordinate authorities was illegal and reflected lack of knowledge and was an exercise in excess of his authority and he thereby displayed lack of devotion to duty and contravened the provisions of Rule 3 (1) of the All India Service (Conduct) Rules, 1968. \"
Finding of the Court:
The court held that the chargesheet does not disclose any misconduct and/or there is no law which has been violated by the petitioner Dr. Biswas and the charge of violation of Rule 3 (1) of the All India Services (conduct) Rules, 1968 (hereinafter referred to as the said Rules) could not be invoked in the facts and circumstances of the case which was admitted the charge of subordination and lack of knowledge, had no actual or factual basis.
Issues: 1. Whether the petitioner's action in writing a letter to the Army Authorities for deployment of the army for the purpose of effecting arrest of Shri Laloo Prasad Yadav pursuant to the oral order passed by the Hon'ble Judges of the Patna High Court, Bihar amounts to misconduct? 2. Whether the chargesheet discloses any misconduct? 3. Whether the facts and circumstances warranted initiation of the departmental proceedings?
Ratio Decidendi: 1. The court held that the petitioner's action in writing a letter to the Army Authorities for deployment of the army for the purpose of effecting arrest of Shri Laloo Prasad Yadav pursuant to the oral order passed by the Hon'ble Judges of the Patna High Court, Bihar does not amount to misconduct. 2. The court held that the chargesheet does not disclose any misconduct. 3. The court held that the facts and circumstances did not warrant initiation of the departmental proceedings.
Final Decision: The court set aside the order passed by the Tribunal dated 12. 3. 1998 and the chargesheet issued under memo No. 26011/6/98-IPS. II which is annexed to the petition is also set aside and is quashed. The writ application is thus allowed.
( 1 ) THE questions of law involved in this writ application is of some public importance came up for consideration before this court under Article 226 of the Constitution arising out of the order dated 12th March, 1998, passed by the Central Administrative Tribunal, Calcutta Bench in O. A. No. 178 of 1998.
( 2 ) THE petitioner, who was at the relevant time and still is the Joint Director (East) of the Central Bureau of Investigation, Calcutta, was served with an article of charge sometime in February, 1998 for the purpose of holding a departmental enquiry, was as follows :"dr. U. N. Biswas, IPS, (WB : 68), while posted as Joint Director (East), CBI, Calcutta and during the course of supervision of AHD Cases of Bihar failed to maintain absolute devotion to duty and committed gross misconduct in as much as he acted irresponsibly and in excess of his authority in a manner unbecoming of a member of the All India Service in that : on 29/30. 7. 1997, he on his own and without prior approval and authorisation from the Director, CBI, and without justification and authority and in violation of the law for calling army help in aid of civil authority had initiated and pursued steps for deployment of the army in the matter of execution of Non-Bailable Warrant issued by the Special Court against Shri Laloo Prasad Yadav, Ex-Chief Minister of Bihar, who figured as an accused in CBI Case No. RC-20 (A)/96-PAT. In pursuance of his illegal orders, SP, CBI, AHD, Patna, Shri V. S. K. Kaumudi submitted a written requisition to the local army authorities on 30. 7. 97 morning for deployment of army personnel for execution of Non-Bailable Warrant of arrest against Shri Laloo Prasad Yadav at Patna. This direction given by Dr. U. N. Biswas to his subordinate authorities was illegal and reflected lack of knowledge and was an exercise in excess of his authority and he thereby displayed lack of devotion to duty and contravened the provisions of Rule 3 (1) of the All India Service (Conduct) Rules, 1968. "
( 3 ) THE Statement of Imputation in support of the said charge was as follows:-"that Dr. U. N. Biswas, IPS (WB:68), Joint Director (East), Central Bureau of Investigation, Calcutta, since 25. 7. 94 and on 30. 7. 97 while posted and functioning as such. It was his duty to act as per laid down rules and procedures and do all important official business by keeping his superior officers informed as per existing instructions in this regard, being a member of the disciplined force but he failed to do so in as much as:
"that Dr. U. N. Biswas, IPS, (WB:68), Joint Director (East), CBI, Calcutta, who was posted since 25. 7. 94 as JD (East) with HQ at Calcutta and on 30. 7. 1997 in order to execute Non-Bailable Warrant against Shri Laloo Prasad Yadav, Ex-Chief Minister against whom charge-sheet had been filed by the CBI instructed S/shri V. S. Kaumudi, S. P. AHD, Patna and Rakesh Kumar. Standing Counsel to seek help of the army which was not at all warranted and contrary to the law laid down for use of armed forces in aid to civil authorities, the execution of Non-Bailable Warrant is not a purpose for which army assistance can be called. Moreover, this was done despite DIG, AHD, Patna, Shri R. N. Kaul's verbal request to him asking not to call the army in such manner without consulting the Director, CBI to which Dr. U. N. Biswas did not pay heed and pursued for the steps for requisitioning the army unauthorisedly and thereby displayed lack of knowledge, insubordination and committed misconduct in violation of Rule 3 (1) of the All India Services (Conduct)) Rules, 1968. "
( 4 ) THE background in which the chargesheet was issued was of some significance. The officers of the Animal Husbandry Department in Bihar both at Secretariat level and allegedly with the blessings and support of the Government of that State that systematically drew huge sums of money in excess of the grant and as it transpired that bigs of the high-ups in the State of Bihar i
