Pradeep Nandrajog, J.

1. The factual backdrop necessary to be noted for disposal of above captioned petition is that in the year 2007 the petitioner who was working on the post of AFO (CRF) was posted at the Headquarters of Cabinet Secretariat, Government of India.

2. On July 23, 2007, Mr.Davinder Kumar, an official working in Counter-Intelligence Service (hereinafter referred to as the CIS), prepared a report pertaining to an incident of the same day i.e. July 23, 2007, recording pilferage/sale of items of CSD Canteen of Government of India. The report reads as under:-

“On 23.7.2007, at about 1145 hrs, CIS personnel observed one CRF truck No. HR 55 D 7547 at Kanya Vidyalaya, Jungpura. The truck was unloading CSD items into a three wheeler Tempo No.DL-1LC-6236. The tempo was followed and it stopped at HPL Railway Crossing at Jangpura. The shop owner and his father, whom these items were to be delivered, also came at this point. All these persons were asked by us about the whole incident. The shop owner, Mr.Ajay Singhal, confessed that these Canteen items belong to CGO office. 24 packets containing items as per the list were seized and are being handed over to I/C Canteen.”

3. On July 25, 2007, Davinder Kumar prepared another report concerning the aforesaid incident. The relevant portion whereof reads as under:-

“02. After getting feelers that CSD Canteen items from our Canteen were being taken out and sold in the open market, as per instructions, a watch on Shri Nain Singh, AFO (CRF) was being kept. On 23.7.2007, at about 1030 hrs, our team observed Shri Nain Singh loading CSD Canteen items on a CRF truck No. HR 55 D 7547. At about 1125 hrs, Shri Nain Singh came out of CRF Gate on his Motorcycle No.DL-3S-AE-0578. He was followed by the same truck loaded with CSD Canteen items. Shri Nain Singh signaled the driver of this CRF truck and went ahead. The truck entered Jungpura extension area and stopped near Kanya Vidyalaya, Jangpura. Shri Nain Singh also reached at this point and talked with the persons already waiting there, alongwith a three wheeler Tempo No.DL-1LC-6236. After giving instructions to these persons, Shri Nain Singh disappeared from the site.

03. The truck was carrying CSD Canteen items. About one fourth of these items were unloaded into the three wheeler tempo mentioned above. After unloading these items, the CRF truck went to some other place. Our team followed the three wheeler tempo. The tempo kept on changing places within the Jungpura and Bhogal area and ultimately stopped at HPL Railway Crossing at Jungpura. The driver of this tempo was having a hot discussion with the other person sitting in the tempo. One of our team members heard that he was saying that he would throw all the items and go away.

04. The place was deserted and other than the tempo, only our team members were present at this spot. The driver approached one of our team members and misunderstood us to be the persons of the shop owner. He told us that he could not roam here and there with these items and he needs to go for some other work.

05. The driver told us that the items belong to Ajay Singhal who has a grocery shop in Church Lane, Bhogal. But, the driver was not aware why he was being asked to roam uselessly in the whole area. The other person in the tempo was Mr.Shukla, who was talking continuously on a mobile phone. Suddenly, two persons came on a scooter and stopped at this point. When we enquired, it came to our notice that they were the shop owners of ‘Singhal & Sons’, a grocery shop at Bhogal.

06. The shop owner, Mr.Ajay Singhal, confessed the following things:-

i) He has a grocery shop by the name ‘Singhal & Sons’at 29, Church Lane, Bhogal, New Delhi-14. Phone No.9818460236.

ii) He knew Shri Nain Singh for the last one and half years who is working in a office of CGO. Shri Nain Singh used to supply him CSD items on his motorcycle in the above period.

iii) Shri Nain Singh used a Government truck to supply CSD items for the last two t