W.P.(C) No.3416/2013 Page 1 of 11

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

W.P.(C) No.3416/2013

RAJEEV KUMAR

.....Petitioner

Represented by: Ms.Rekha Palli, Advocate with

Ms.Punam Singh and Mrs.Garima

Sachdeva, Advocates

versus

UNION OF INDIA & ORS.

.....Respondents

Represented by: Mr.Ankur Chhibber, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MS. JUSTICE PRATIBHA RANI

PRADEEP NANDRAJOG, J.

1.

The petitioner was appointed as a Sub-Inspector in the Central

Industrial Security Force (CISF) in November, 2003 and after serving at

Vishakapatnam was posted at Indira Gandhi International Airport (IGI

Airport) in May, 2008.

2.

Along with SI Shashi Kumar and SI Ajay Yadav, the petitioner

was deployed for duty in the intervening night of November 21, 2011 and

November 22, 2011 at X-BIS-14 of Terminal III at the IGI Airport and

the duty hours were between 20:00 hours of November 21, 2011 till

07:00 hours of November 22, 2011.

2015:DHC:1667-DB

W.P.(C) No.3416/2013 Page 2 of 11

3.

The three Sub-Inspectors had to sit in rotation for a duration of 20

minutes each at the X-ray machine for screening the hand baggage of the

passengers. A team of constables was on duty with the three Sub-

Inspectors. Register Security Stamps having different numbers were

issued to the three Sub-Inspectors, and relevant would it be to note that

the Register Security Stamp bearing No.219 was issued to the petitioner

and the stamp issued to SI Shashi Kumar was having No.249 and the one

issued to SI Ajay Yadav was No.201.

4.

Working in rotation for a duration of 20 minutes each, the job of

three Sub-Inspectors was to screen the hand baggages so that no

prohibited item was carried by any passenger in the hand baggage. If any

was detected, the same had to be removed from the hand baggage. If

nothing objectionable or prohibited was found in the hand baggage the

Register Security Stamp had to be affixed on the tag on the hand baggage.

Acting in tandem, the Sub-Inspector would concentrate on the screen in

front of the seat of the Sub-Inspector where the X-ray image of the

contents of the baggage was displayed, and as the baggage moved along

the trolley and outside the X-ray machine, on a signal given to the

Constable standing nearby that there was nothing objectionable detected

in the hand baggage, the Constable concerned, using the Register Security

Stamp, would emboss the stamp on the hand baggage. In the meanwhile

the passenger concerned would simultaneously undergo the security

check at which the passenger was frisked at the adjoining gate and obtain

clearance evinced by a clearance seal affixed on the boarding pass. The

passenger would then collect the hand baggage and proceed to the gate at

the terminal from which the passenger would proceed to the aircraft to be

boarded.

2015:DHC:1667-DB

W.P.(C) No.3416/2013 Page 3 of 11

5.

A gentleman named Kulbir Singh Brar had to board British Airway

Flight No.256 to London. He checked in at the checking counter. His

hand baggage was put at the conveyor belt to be scanned by the X-ray

machine where petitioner, SI Shashi Kumar and SI Ajay Yadav were on

rotational duty. After screening, the baggage was cleared and the stamp

bearing No.219 was affixed on the tag Ex.PW-5/Ex.4 of the baggage, and

the passenger proceeded to board the aircraft. At that point of time

L/Ct.Vineeta Giri was the constable who had to affix the stamp of

security clearance on the baggage and she affixed the stamp on the hand

baggage bearing No.219. The staff of the British Airways at the second

ladder point of Gate No.3A detected four live rounds of 0.22 mm bullets.

The matter was r