SI/exe Jitendra Kumar vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1063

RAJIV SAHAI ENDLAW, AMIT BANSAL
SI/exe Jitendra Kumar – Appellant
Versus
Union Of India – Respondent

Advocates appeared:
Himanshu Gautam, Advocate, Lokesh Sharma, Advocate, Jivesh Kumar Tiwari, Advocate, Jitendra Kumar, Advocate

JUDGMENT

Amit Bansal, J. - The petitioner was appointed as a Sub-Inspector with the respondent Central Industrial Security Force (CISF) in the year 2017. An incident occurred, on 7th October, 2017 while the petitioner was posted at the Metro Station at Shahdara involving the petitioner and one metro commuter, Lakshya Beriwal which resulted in a charge sheet being issued against the petitioner under Rule 36 of CISF Rules. The petitioner was charged with following offence:

"On 07.10.2017, Force No. 120201677 Sub Inspr/Exe Jitendra Kumar, Red Line, CISF Unit, DMRC, Delhi was posted at Shahdara Metro Station in the first shift from 0700 to 1400 PM in the capacity of shift incharge. During the bag scanning of one Sh. Lakshya Beriwal at about 0845 AM, argued with the said passenger and along with the Force No. 014511196 Guard/GD Vijay Kumar, the said passenger was taken to the CCTV room where the said passenger was assaulted whereas, strict orders have already been issued by the administration that in any circumstances, no passenger is required to be taken to the CCTV room but the force member has violated the above order and no information about incident has been given to any higher offi