Timely completion of departmental inquiries is essential to avoid prejudice to the employee, as established by the Supreme Court.

ORDER (ORAL)

Per: Justice Ranjit More, Chairman

The present OA is filed under Section 19 of the AT Act, 1985 seeking directions to quash the chargesheet issued by the respondents dated 02.02.2024 and the Departmental Enquiry under Rule 14 of the CCS (CCA) Rules, 1965 against the applicant.

2. Brief facts giving rise to the present application are as follows:

2.1 In the year 2000, the applicant joined the Border Security Force as Assistant Commandant. On 19.07.2010, the applicant joined the National Investigation Agency (NIA), New Delhi as Additional Superintendent of Police on deputation. On 18.02.2015, the applicant was absorbed as Superintendent of Police, NIA, by the Union Public Service Commission (UPSC).

2.2 On 23.03.2022, the applicant was transferred to a terror- infested, sensitive branch of Manipur as Superintendent of Police, NIA. He was posted back to Delhi on 27.01.2023. It is the case of the applicant that during his tenure of 10 months in Manipur, he conducted several operational and investigational tasks, arrested more than 20 persons, and recovered IEDs on various occasions. On 06.02.2023, he joined NIA HQ as Superintendent of Police (Left Wing Extremism).

2.3 Vide office order No. 750/23 issued on 20.04.2023, the NIA placed the applicant under suspension with immediate effect under the provisions of Rule 10(1) of the CCS (CCA) Rules, 1965. This suspension appears to be based on a complaint against the applicant that was under investigation/inquiry. On 26.04.2023, an FIR was registered by the CBI bearing No. RC 2172023A0006 under Section 388 read with Section 123-B of the IPC and Section 7 of the PC Act, 1988 against him and one Mohd. Rajib Khan (Inspector from Manipur Police who was on attachment with the NIA Manipur Branch). The said FIR was based on a complaint alleging involvement in corruption and criminal practices during the applicant's posting at the NIA Branch Office, Imphal. Suspension of the applicant was thereafter extended from time to time.

2.4 The CBI conducted a thorough investigation and filed a chargesheet in December 2023 and it found no direct evidence implicating the applicant in the alleged crime. The chargesheet was filed against the main accused, i.e., Mohd. Rajib Khan. However, he has not been placed under suspension, nor has he been subjected to any departmental inquiry, and continues to discharge his duties till date.

2.5 Despite clearance from the CBI, the NIA initiated departmental proceedings of major penalty against the applicant vide the impugned charge memo dated 02.02.2024 under Rule 14 of the CCS (CCA) Rules, 1965 on the following charges:

“Article I

That Shri Vishal Garg, while functioning as Superintendent of Police, NIA Branch Office, Imphal, a modus operandi had emerged from examination of witnesses that certain businessmen/professionals were called for examination in NIA case at NIA Branch Office, Imphal, mostly without legal notices. Further, it has been alleged that witnesses were threatened with false implication in NIA case, in the presence of Shri Vishal Garg, Superintendent of Police. Thus, the said Shri Vishal Garg, of Police, NIA failed to maintain absolute integrity, devotion to duty, acted in a manner unbecoming of a Government Servant and thereby the provisions contained in Rule 3(1)(i)(ii)(iii) & (vi) of CCS (Conduct) Rules, 1964.

Article II

That during the aforesaid period and while functioning in the aforesaid office, the said Shri Vishal Garg, Superintendent of Police, NIA committed serious act of misconduct, in his capacity being a Govern