IMPORTANT POINT
The duty of a CISF member to maintain discipline and care for arms and ammunitions, and the proportionality of the imposed penalty.

JUDGMENT

Saurabh Banerjee, J. - The petitioner, by way of the present petition under Article 226 of The Constitution of India, seeks quashing of the impugned Penalty order dated 09.12.2020 vide which respondents imposed the penalty of `Removal from service which shall not be a disqualification for the future employment under the Government' upon him, as well as quashing of the orders dated 30.03.2021 and 20.12.2021 vide which his Appeal Petition and the Review Petition (respectively) against the impugned penalty order dated 09.12.2020 were rejected, by taking a compassionate view and in interest of justice; and quashing of the charge sheet dated 05.08.2020 as well as the proceedings arising therefrom; and directions to the Respondents to reinstate him with immediate effect with all consequential benefits; and lastly to direct the Respondents to treat the period spent by petitioner under suspension w.e.f. 14.05.2020 till 09.12.2020 as spent on duty.

2. The petitioner herein was appointed on the post of Sub-Inspector [SI] in the Central Industrial Security Force [CISF] on 13.09.2014 and was lastly posted at Ukai, Gujarat. On 12.05.2020, the petitioner was posted as the `Shift In-Charge' at the main gate of the CISF Unit UTPS, Ukai, Gujarat [CISF Unit] from 08:00 hours to 20:00 hours and was issued a service pistol (Butt No.7 and Registration No. 15176665) and ammunition (30 rounds 9 mm). On the same day, one late SI Mr. Ashwani Kumar [deceased personnel] was also posted at CISF Unit as in-charge of the CCTV control room without weapons from 07:45 hours to 18:00 hours. At around 15:30 hours, the petitioner left his post and went to the CCTV control room wherein he removed his belt holding his service pistol in its Holster along with the pouch of ammunition to keep it on the table in front of him. At around 16:00 hours, late SI Mr. Ashwani Kumar was found covered in a pool of blood in a bathroom on the ground floor under the CCTV control room, and the service pistol issued to the petitioner and two empty cases were found beside his left leg. It was found that late SI Mr. Ashwani Kumar had committed suicide by shooting himself from the service pistol issued to the petitioner.

3. Consequently, pursuant to a disciplinary action initiated against the petitioner vide memorandum No.V-15014/GHA/Disc/Rule-36/SJ/UTPS(U)/04/2020/3609 dated 05.08.2020, the article of charge was framed against him stating that the act of the petitioner leaving his post and going to the CCTV control room; and then removing his service pistol alongwith the ammunition from his person and keeping it on the table in the control room without any cogent reason and without the permission of a Competent Authority, amounted to gross violation of the principles of protection of arms and ammunitions and since the service pistol and ammunition issued to the petitioner ultimately became the cause of death of the deceased personnel, the petitioner failed to act as a trained member of the force.

4. Since the petitioner denied the charge framed against him, Inquiry Officer and Presenting Officers were appointed and after holding a Departmental Inquiry as per the prescribed procedure, the charge framed against the petitioner was proved. Vide the impugned Final Order No. V-15014/CISF/WZ/Disc/36/SJ/2020/12930 dated 09.12.2020, the DIG/West Zone, CISF West Zone, HQrs Navi Mumbai, who being the Disciplinary Authority, held that the petitioner was guilty of the charge framed against him and imposed the penalty of `Removal of Service which shall not be a disqualification for future employment under the Government'.

5. Aggrieved thereby, the petitioner preferred an appeal before the IG CISF West Zone, HQrs Mumbai, who being the Appellate Authority, dismissed the same vide impugned appellate order No. V-15016/CISF/WZ/L&R/Appeal/SJ/2021/552 dated 30.03.2021, and upheld the order dated 09.12.2020.

6. Once again aggrieved, the petitioner filed a revision petition before the Additional Director