Point of Law: Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in eyes of law.

JUDGMENT :

Jyotsna Rewal Dua, J.

Penalty of removal from service was imposed upon the petitioner, a Constable (Driver), for the reason that he being a member of the disciplined force, had brought a civil lady in the official tent at the campus premises during night hours on 21.02.2007 without seeking permission of the competent authority, engaged in undesirable activities with her, indulged in indiscipline and also endangered security of the camps. The penalty imposed upon the petitioner was not interfered by the Appellate Authority. The Revisional Authority also affirmed the penalty order. Pursuant to the directions passed by this Court in a writ petition filed by the petitioner, the appellate and the revisional authority revisited their orders and by passing detailed and speaking orders once again affirmed the penalty imposed upon the petitioner. Aggrieved against imposition of penalty, the petitioner has preferred this writ petition.

2. Bare minimum facts, which need to be noticed are that:-

2(i). The petitioner was appointed as Driver with Sashastra Seema Bal (SSB) in the year 1990. In the year 2007, he was discharging his duties with the Central Reserve Police Force as Driver. A complaint was lodged against the petitioner that he brought a civil lady in his tent on 21.02.2007 at about 10:30 pm, indulged in undesirable activities with her and endangered the security of the campus. The petitioner was put under suspension on 23.02.2007.

2(ii). The respondents got a preliminary inquiry conducted into the matter. The statements of the petitioner and four other witnesses were recorded. The petitioner admitted his guilt during the preliminary inquiry. The statements of the petitioner and four other witnesses recorded during the preliminary inquiry have been made part of the reply to the present petition at Annexures R-1 and R-2 (Colly.).

2(iii). A memorandum of charges was issued to the petitioner on 17.04.2007 under Rule 27 of the Central Reserve Police Force Rules, 1955. Two charges were levelled against the petitioner. The first charge was that while discharging the duties as Constable/Driver, the petitioner was involved in undesirable activities in bringing a civil lady in his tent on 21.02.2007 without taking prior permission of the competent authority. The second charge was that the petitioner had unauthorizedly kept a civil lady in his tent without informing his senior officer, did not maintain the discipline of the force and thus endangered/breached the campus security.

2(iv). The Inquiry Officer was appointed. Statements of the witnesses and of the delinquent official (petitioner) were recorded. On conclusion of the inquiry, the report was submitted by the Inquiry Officer to the Disciplinary Authority on 31.05.2007. Both the charges levelled against the petitioner were held proved. Show cause notice was issued by the disciplinary authority to the petitioner on 06.07.2007 (Annexure P-7) alongwith a copy of the inquiry report.

2(v). Petitioner’s representation against the show cause notice and the inquiry report was considered by the disciplinary authority. On consideration of the inquiry report, the record of the case and the nature of misconduct, the petitioner was awarded penalty of removal from service with immediate effect vide order dated 06.08.2007.

2(vi). Petitioner’s appeal against the imposition of penalty of removal from service was dismissed by the appellate authority on 18.10.2007 (Annexure P-12). His revision was also dismissed by the revisional authority on 23.07.2008 (Annexure P-15).

2(vii). Civil Writ Petition No.1164 of 2009 instituted by the petitioner against the penalty of removal from service imposed upon him, was allowed on 13.08.2012 on the ground that the appellate as well as revisional authority had not passed speaking orders in the matter. The appellate authority was directed to decide the matter afresh by passing a speaking order. Pursuant to the remand of the matter, the appellate authority considered t