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2015 Supreme(Del) 1451

IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI and SANGITA DHINGRA SEHGAL, JJ.
STATE OF TAMIL NADU – Petitioner
Versus
UNION OF INDIA & ANR. – Respondent
W.P.(C) 6482/2015
Decided On : 17.07.2015

Advocate Appeared:
For the Petitioner:Mr.Sandeep Khurana and Ms. Seemab Ali Fatima, Advocates
For the Respondents:Ms.Poonam Kalia, Mr.Vikas Mahajan, Mr.S.S. Rai, Advocates for UOI /respondent no.1 M.Ravi Prakash, Advocate for respondent no.2

Headnote:

SUSPENSION - CHARGESHEET - All India Service (Discipline and Appeal) Rules 1969 - The court discussed the relevant facts and the sequence of events leading to the filing of the petition. The court found that the respondent no.2 was relieved by the State Government and granted permission to join the UN Peacekeeping Force. The court also highlighted the detailed communications from the Ministry of Home Affairs rejecting the petitioner's request for withdrawal of the nomination of respondent no.2. The court concluded that the respondent no.2 did not intentionally disobey the fax message dated 30.1.2013 and dismissed the petition.

Fact of the Case:

The respondent no.2, a promotee IPS Officer of Tamil Nadu Cadre, was suspended and charged for initiating disciplinary proceedings against her. The Central Administrative Tribunal was approached to quash the charge-sheet.

Finding of the Court:

The court found that the respondent no.2 was relieved by the State Government and granted permission to join the UN Peacekeeping Force. The court also highlighted the detailed communications from the Ministry of Home Affairs rejecting the petitioner's request for withdrawal of the nomination of respondent no.2. The court concluded that the respondent no.2 did not intentionally disobey the fax message dated 30.1.2013 and dismissed the petition.

Issues: The main issue was whether the respondent no.2 intentionally disobeyed the fax message dated 30.1.2013 and whether the charge-sheet disclosed allegations of misconduct.

Ratio Decidendi: The court held that once the respondent no.2 was relieved by the State Government, she could not have left the pre-training site without the permission of the Ministry of Home Affairs, which was declined. The court concluded that the respondent no.2 did not intentionally disobey the contents of the fax message dated 30.1.2013.

Final Decision: The court dismissed the petition, finding no grounds for judicial review.

JUDGMENT :

G.S.SISTANI, J.

1. By the present writ petition, petitioner has challenged the order dated 29.5.2015 passed by the Central Administrative Tribunal on an OA filed by the respondent no.2 herein.

2. We have heard detailed arguments on behalf of the parties at the stage of admission. The necessary facts to be noticed for disposal of the present writ petition are that the respondent no.2 is a promotee IPS Officer of Tamil Nadu Cadre. Aggrieved by the order of suspension passed against her by the Tamil Nadu Government on 12.3.2014 and charge-sheet issued to her for initiating disciplinary proceedings against her by the State of Tamil Nadu dated 5.4.2014 and also aggrieved by the inaction on the part of the Union of India for not having decided her appeal dated 24.4.2014 against suspension initially led to the filing of the OA before the Central Administrative Tribunal. During the pendency of the matter, when the matter was taken up on 31.10.2014 it was brought to the notice of the Tribunal that the order of suspension passed against respondent no.2 (petitioner in O.A.) was revoked by the Union of India and accordingly to that extent the relief sought by her became infructuous.

3. The only question which remained to be decided by the Central Administrative Tribunal was the first prayer with regard to quashing of the charge-sheet.

4. Before the rival submission of learned counsel for the parties can be considered, we deem it appropriate to notice some of the relevant facts, which led to the filing of O.A. by respondent no.2.

5. In this case by a communication dated 22.4.2010 was addressed by the Government of India, Ministry of Home Affairs, PMA Cell, to the Home Secretaries to all States / Union Territories; Directors – IB/ CBI/SVP NPA/ SPG/ NEPA/ NICFS/ CFSL/ DCPW/ NCRB; DsG – BSF/ CRPF/ ITBP/ CISF/ NSG/RPF/ BPR&D/ SSB/ NCB/Assam Rifles; Commissioners of Police, Delhi / Mumbai/ Lolkatta/ Chennai, informing nomination of police officers for deployment with UN Peacekeeping Missions (UN SAT 2010-11). In paragraph 5 of this communication the State Governments were requested to nominate not more than five police officers latest by 30.6.2010 from the rank of Head-constable to S.P. / Commandant level proportionate in number fulfilling the eligibility conditions as set out in paragraph 5 (a) to (j), which reads as under:

“5. The State government/ UTAs/CPOs are requested to nominate not more than 5 police officers latest by 30June, 2010 from the rank of Head Constable, to SP/ Commandant level proportionate in number fulfilling the following eligibility conditions:

a) The candidate should be Graduate

b) Possesses four wheeler valid driving license

c) Must have completed 08 years of actual police experience including training period as on 30.04.2010 (the date proposed for issue of circular for calling fresh nomination)

d) Above 25 years of age on 30.04.2010.

e) Must have good command over English Language (Spoken & written)

f) IPS officer should be of 1998-2001 batch (IPS officers should not be debarred from Central Deputation, Foreign training)

g) Nominated officers should be clear from Cadre/ Vigilance angle. The Officers against whom disciplinary / vigilance cases are pending, not be nominated.

h) The officers having previous UN experience must have completed cooling off period of three years as on the date of issue of circular starting from the date of repatriation / end of previous UN Mission.

i) Female police personnel be given preference.

j) Officers proceeding on retirement / superannuation within a period of three years from the date of issue of circular may notbe nominated.”

6. The respondent no.2 applied for the UN SAT 2010-11 test on 3.9.2010. The application of the respondent no.2 was processed by the petitioner and forwarded to respondent no.1 on 4.10.2010. On 24-25 April, 2012 another communication was issued on the same lines as that of the communication of 22.4.2010 but for UN Peacekeeping Missions (UN SAT examination
































































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