IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE BEFORE:

THE HON’BLE JUSTICE HIRANMAY BHATTACHARYYA W.P.A. 8655 OF 2023 SUSANTA KUMAR BAKSHI VS.

UNION OF INDIA & ORS.

For the Petitioner : Mr. Soumya Majumder, ld. Senior Counsel, Ms. Mayuri Ghosh ….. advocates For the Respondent nos. 1 to 4 : Mr. Souvik Nandy, Mr. Anjan Chakraborty …. advocates Reserved on : 12.12.2024 Judgment on : 28.03.2025 Hiranmay Bhattacharyya, J.:-

1. In this writ petition the petitioner has prayed for setting aside the enquiry report dated 29.04.2021, the penalty order dated 25.08.2021 and the order of the appellate authority dated 13.01.2022.

2. Petitioner joined the service of Central Reserve Police Force (for short “CRPF”) on 27.07.1998 in the post of Constable General Duty (for short “CT GD”) and his service was confirmed by the controlling authority on and from 27.07.1990. The petitioner was promoted to the post of Sub Inspector (Radio Operator, SI RO) from 04.07.2014 to 24.08.2021 and was attached with 3^rd Signal Battelion and was posted at Saltlake. While the petitioner was discharging his duty as a Sub Inspector (Administration) at 3rd wireless battelion, Head Office on 01.03.2020, a complaint was lodged by one Gora Chand Samui (Constable/General Duties) alleging indecent behaviour towards his wife by one Sunil Kumar Suman (Head Constable/ Radio Operator). The petitioner was called for a preliminary hearing on 06.04.2020 and, thereafter, a memorandum dated 10.06.2020 containing the articles of charge was served upon the petitioner alleging that he abused a junior member namely Gora Chand Samui thereby causing injury to his eyes, nose and lips by landing blow on him. Thereafter, an Inquiry Officer was appointed to inquire into the charges levelled against the petitioner and a Presenting Officer was also appointed. The Inquiry Officer submitted his report dated 29.04.2021, holding charges levelled against the petitioner has been established. By an Office Order dated 25.08.2021, the Deputy Inspector General (CRPF) being the 4^th respondent awarded the major punishment of compulsory retirement with full pensionary benefits and gratuity under the provisions of Rule 40 of the CCS (Pension) Rules, 1972. Being aggrieved, by the order dated 25.08.2021, petitioner preferred an appeal before the Inspector General of Police (Commandant & IT). The third respondent being the appellate authority rejected the appeal by an order dated 06.05.2022 thereby upholding the order of the disciplinary authority dated 25.08.2021. Being aggrieved, petitioner has approached this Court.

3. Mr. Majumder, learned Senior Counsel appearing in support of the writ petition contended that considering the nature of the incident as alleged by the complainant, the charges of negligence and insubordination against the petitioner who was a Sub-Inspector, could not have been framed. He contended that when the alleged incident took place, the petitioner was busy in connection with his duties in relation to a program where His Excellency the Hon’ble Governor was to visit the campus and the Constable/ complainant caused hindrance to the due discharge of his duties by the petitioner. He further contended that amongst the prosecution witnesses only the complainant and his wife were eye witnesses and since the complainant was facing disciplinary proceeding at the relevant point of time, he and his wife were interested witnesses. In course of his argument, Mr. Majumder placed the evidence of the prosecution witnesses in details and contended that it is evident from the said evidence that the complainant namely Gora Chand Samui laid hands on his superior i.e., the petitioner herein and also that the complainant was in an intoxicated condition. Mr. Majumder further contended that there is divergence between the depiction of the incident in the complaint by the complainant and his wife with their oral deposition in the enquiry proceedings. He further contended that the charg