J U D G M E N T

DINESH MEHTA, J. (Oral)

1. The instant writ petition is directed against the order dated 26.10.2005 passed by the Deputy Inspector General (L&R) of the Central Industrial Security Force (hereinafter referred to as ‘CISF’) (respondent no. 3), whereby the petitioner has been compulsorily retired from service.

2. Facts giving rise to the present writ petition are that on 01.09.1976, the petitioner joined as a Sub-inspector in CISF and was promoted to the post of Assistant Commandant on 09.01.1997.

3. Some time after his promotion, on 19.06.1998, the petitioner was posted at CISF Unit, Dhankuni Coal Complex (hereinafter referred to as ‘DCC’), after being transferred from CISF Unit at NTPC, Dadri, Gautam Budh Nagar, UP.

4. On 15.11.1999, a representation came to be filed by one lady constable (hereinafter referred to as ‘complainant-B’) levelling certain aspersions, which letter was taken to be a complaint levelling allegation of an attempt to develop illicit relationship and passing inappropriate remarks against her.

5. According to the petitioner, said complaint was motivated and with an attempt to falsely implicate him, because as a strict officer, he had tried to bring in discipline and curb theft and malpractices and in that process, he had issued a warning letter to the complainant-B.

6. In furtherance of the complaint so made, a discreet enquiry was ordered to be conducted, in furtherance whereof a report dated 26.01.1999 came to be furnished with a conclusion that the lady constable (complainant B) was being put to difficult and strenuous duties, which made her feel that the petitioner was targeting her.

7. However, since the said discreet enquiry was conducted by a Sub Inspector, at the request of the petitioner, a Preliminary Enquiry was ordered to be conducted by the Deputy Commandant (S.P. Selvan). Said S.P. Selvan, who conducted the Preliminary Enquiry (hereinafter referred to as Ist PE) exonerated the petitioner vide report dated 23.02.2000.

8. The DIG directed the above Deputy Commandant (S.P. Selvan) to review the report on the ground that it was necessary to have conducted a detailed enquiry, as he had only examined key personnel in the Unit.

9. The Deputy Commandant (S.P. Selvan) though recorded statement of Sabita Dey; but could not record statement of ex-water carrier/cook Krishna Rani Mondal, as she had already resigned from the job. But nevertheless reiterated his report vide detailed letter dated 10.06.2000.

10. This PE was also discarded and another PE was ordered to be conducted by the Deputy Commandant (Tedhi Singh), CISF, before whom all three ladies did depose, but gave evasive replies and consequently, the said officer gave a report dated 05.12.2000 and exonerated the petitioner (said report shall be referred to as ‘second PE’).

11. Inspite of the above, the DIG ordered for yet another PE, this time by a lady officer. A report dated 13.08.2001 (hereinafter referred to as ‘third PE’) came to be furnished, in which the complaint was found substantiated.

12. On the basis of third PE (which was factually fourth), a disciplinary enquiry was instituted against the petitioner vide Memorandum dated 05.06.2002, with the following articles of charges:

“ARTICLE OF CHARGE-I: That the said Shri R.S. Yadav, while posted and functioning as Assistant Commandant, CISF Unit, DCC Dankuni during the period from 19.6.1998 to 8.11.2000 had made indecent proposals to his junior functionary No. 882298458 Lady Constable Baby Ghosh and tried to develop illicit relations with her. As such, Shri R.s. Yadav indulged himself in an act of gross moral turpitude. Thus, Shri R.S. Yadav, acted in a manner unbecoming of an officer of his status and service in an Armed Force of the Union.

ARTICLE OF CHARGE-II.

That Shri R.S. Yadav while posted and functioning in the aforesaid capacity during the aforesaid period, committed a gross misconduct in that he tried to sexually exploit Smt. Sabita Dey, W/o Late Constable P.K. Dey. As such, Shri R