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2015 Supreme(Del) 287
High Court of Delhi
PRADEEP NANDRAJOG & PRATIBHA RANI, JJ.
Rajeev Kumar – Petitioner
Versus
Union of India & Others – Respondent
W.P.(C) No. 3416 of 2013
Decided On : 23-02-2015
For the Petitioner:Rekha Palli with Punam Singh, Garima Sachdeva, Advocates.
For the Respondents:Ankur Chhibber, Advocate.
Strict compliance with CISF procedures, including duty timings and record-keeping, is essential to ensure security at airports.
Headnote:
Dereliction of Duty - Duty of Sub-Inspectors at X-ray Screening Machine - Circular dated July 28, 2005 - CISF Standing Operating Procedures - X-ray Rotation Register - Log-in-log-out Entries
Fact of the Case:
The petitioner, a Sub-Inspector in CISF, was charged with dereliction of duty for allowing a passenger to board with live rounds in hand baggage. The petitioner denied the charges, claiming discrepancies in duty timings and log-in-log-out entries.
Finding of the Court:
The court found that the petitioner's duty timings and log-in-log-out entries were inconsistent, and the evidence supported the charge of dereliction of duty. The court upheld the penalty of reduction in pay by one stage for one year.
Issues: Discrepancies in duty timings, log-in-log-out entries, and adherence to CISF procedures
Ratio Decidendi: The court relied on the X-ray Rotation Register and contemporaneous evidence from CCTV footage to establish the petitioner's duty timings. It emphasized the importance of strict compliance with CISF procedures and dismissed the petitioner's defense based on log-in-log-out entries.
Final Decision: The writ petition was dismissed, and the penalty of reduction in pay by one stage for one year was upheld.
Pradeep Nandrajog, J.
1. The petitioner was appointed as a Sub-Inspector in the Central Industrial Security Force (CISF) in November, 2003 and after serving at Vishakapatnam was posted at Indira Gandhi International Airport (IGI Airport) in May, 2008.
2. Along with SI Shashi Kumar and SI Ajay Yadav, the petitioner was deployed for duty in the intervening night of November 21, 2011 and November 22, 2011 at X-BIS-14 of Terminal III at the IGI Airport and the duty hours were between 20:00 hours of November 21, 2011 till 07:00 hours of November 22, 2011.
3. The three Sub-Inspectors had to sit in rotation for a duration of 20 minutes each at the X-ray machine for screening the hand baggage of the passengers. A team of constables was on duty with the three Sub- Inspectors. Register Security Stamps having different numbers were issued to the three Sub-Inspectors, and relevant would it be to note that the Register Security Stamp bearing No.219 was issued to the petitioner and the stamp issued to SI Shashi Kumar was having No.249 and the one issued to SI Ajay Yadav was No.201.
4. Working in rotation for a duration of 20 minutes each, the job of three Sub-Inspectors was to screen the hand baggages so that no prohibited item was carried by any passenger in the hand baggage. If any was detected, the same had to be removed from the hand baggage. If nothing objectionable or prohibited was found in the hand baggage the Register Security Stamp had to be affixed on the tag on the hand baggage. Acting in tandem, the Sub-Inspector would concentrate on the screen in front of the seat of the Sub-Inspector where the X-ray image of the contents of the baggage was displayed, and as the baggage moved along the trolley and outside the X-ray machine, on a signal given to the Constable standing nearby that there was nothing objectionable detected in the hand baggage, the Constable concerned, using the Register Security Stamp, would emboss the stamp on the hand baggage. In the meanwhile the passenger concerned would simultaneously undergo the security check at which the passenger was frisked at the adjoining gate and obtain clearance evinced by a clearance seal affixed on the boarding pass. The passenger would then collect the hand baggage and proceed to the gate at the terminal from which the passenger would proceed to the aircraft to be boarded.
5. A gentleman named Kulbir Singh Brar had to board British Airway Flight No.256 to London. He checked in at the checking counter. His hand baggage was put at the conveyor belt to be scanned by the X-ray machine where petitioner, SI Shashi Kumar and SI Ajay Yadav were on rotational duty. After screening, the baggage was cleared and the stamp bearing No.219 was affixed on the tag Ex.PW-5/Ex.4 of the baggage, and the passenger proceeded to board the aircraft. At that point of time L/Ct.Vineeta Giri was the constable who had to affix the stamp of security clearance on the baggage and she affixed the stamp on the hand baggage bearing No.219. The staff of the British Airways at the second ladder point of Gate No.3A detected four live rounds of 0.22 mm bullets. The matter was reported to the security staff. Insp.V.S.Chauhan of CISF went to the spot and took custody of the four rounds and deposited them in the armoury of the CISF unit and allowed the passenger to board the flight because the passenger showed to him a valid arms’ license. As per a circular dated July 28, 2005 issued by the Bureau of Civil Aviation and Security, Insp.V.S.Chauhan ought to have informed the Delhi Police. He did not do so.
6. For the incident in question noting that the passenger Kulbir Singh Brar had been given clearance at the X-BIS No.14 between 04:20 hours to 04:40 hours on November 21, 2011, when as per X-ray Rotation Register the petitioner was on duty, and additionally for the reason on the hand baggage security clearance stamp No.219 was affixed, which was issued to the petitioner, a charge memorandum was issued to the petitio
