IMPORTANT POINT : Disciplinary Proceeding – Inordinate delay on part of Ministry of Home Affairs in deciding representation of petitioner defeats equity.

Judgment :

Tashi Rabstan, J.

Through the medium of this writ petition, the petitioner is seeking to quash notice dated 05.11.2019 issued by Deputy Inspector General, respondent No.6 herein, by virtue of which the petitioner has been directed to appear before him for hearing the charges under BSF Rule 45-B.

2. The facts-in-brief, as gathered from the writ file, are that the petitioner came to be appointed as Assistant Commandant/Medical Officer on 25.05.1992 in the BSF. Thereafter, he came to be promoted as Deputy Commandant/Senior Medical Officer, then as Chief Medical Officer and then as Commandant (Medical)/CMO and, thereafter, was given the grade pay of DIG rank. It is averred that the genesis of the case started when the petitioner was on 32 days leave with effect from 28.01.2013 to 28.02.2013 with permission to depart on 25.01.2013. During the period when the petitioner was on leave, Inspector Vigilance, SHQ, BSF wrote a letter to DIG, SHQ, BSF on 28.01.2013 informing the persons from outside Mizoram as well as local civilians were visiting the houses of BSF personnel who were living outside the force premises alone. He also informed that one Sub Inspector/Staff Nurse Miss Khunguiliu Gonmei lives alone and a male person of other state stays with her occasionally and this can be harmful for an individual on security point of view and also may spoil the image of BSF. It is averred by the petitioner herein that in order to protect her own image and to divert the attention of vigilance department, which initiated a report against her, moved a false and frivolous complaint of harassment before Director General, BSF against the petitioner and some other BSF officials. Accordingly, a Staff Court of Inquiry was initiated against the petitioner comprising of two inquiry officers. Alongside the Staff Court of Inquiry, another inquiry was also conducted by the sexual harassment committee comprising of one Dr. Neelam Srivastava, Chairman and four other members of the committee. It is averred that in the Staff Court of Inquiry nothing was proved against the petitioner, but it recommended the transfer of petitioner as well as complainant Miss Khunguiliu Gonmei and other staff nurses. Even the sexual harassment committee in its report categorically stated that nothing was proved against the petitioner and, as a result of which, the Director General, BSF, treated the complaint against the petitioner as closed.

3. Further, it is submitted that after the culmination of proceedings in the Staff Court of Inquiry and the sexual harassment committee, Miss Khunguiliu Gonmei again on 01.05.2014 moved a complaint before the National Commission for Women. Accordingly, acting on the complaint made before the National Commission for Women, Inspector General, FTR Headquarter, BSF, again constituted a committee comprising of Chairman Dr. Ms Subhansani Besra, CMO, 53 Bn. and six members including co-opted member, who was from a NGO recognized Department of Women and Development. It is averred that a detailed inquiry was conducted for the third time also and finally in the inquiry report it has been held that there was no direct evidence including the circumstantial evidence to substantiate the allegations levelled by the complainant Miss Khunguiliu Gonmei. However, the committee recommended that DG’s displeasure be issued to the petitioner.

4. Now the grievance of petitioner is that after a lapse of almost four years and nine months Deputy Inspector General, Sector Headquarter BSF, Jammu, respondent No.6 herein, issued notice dated 05.11.2019, impugned herein, by virtue of which the petitioner has been directed to appear before him regarding the same set of charges under Rule 45-B of BSF Rules, 1969, whereas the matter has already attained finality. Hence the present petition.

5. Learned counsel appearing for petitioner argued that the allegations levelled against the petitioner have already enquired into three times by three different committees and on all