Shashi Bhusan Prasad vs Inspector General, Cisf

2. The brief seminal facts which may be relevant for consideration of the present appeal are that while serving as Constable in Central Industrial Security Force (in short “CISF”) 1 Unit, Rourkela Steel Plant, Rourkela, a criminal case was instituted against the appellant in Plantsite P.S. Case No. 378 of 1992 under Section 25(1) of the Arms Act and he was arrested on 30th November, 1992 on the allegation that he had provided a country made revolver to Subash Chandra Agarwalla, who murdered his aunt with it, giving rise to Sessions Trial No. 188/41 of 1993. At the same time, for a gross misconduct being committed by him in discharge of his duties, disciplinary proceedings were initiated against him by serving a Memorandum along with the charge­sheet dated 9th February, 1993 under Rule 34 of CISF Rules, 1969.

4. Being dissatisfied with the order of dismissal passed by the Disciplinary Authority, the appellant preferred departmental appeal primarily on the ground that since he has been acquitted in the criminal case which is based on the same set of facts and evidence, the order of dismissal passed by the Disciplinary Authority is not legally sustainable. The appeal was rejected by the appellate authority vide order dated 24 th April, 1996 which was further assailed before the Revisional Authority that also met with the fate of its dismissal. That came to be challenged in a Writ Petition before the High Court under Articles 226 and 227 of the Constitution of India. The High Court of Orissa, on appraisal of the material on record and taking note of the submission alleged by the appellant of his acquittal in the criminal trial vide 3 judgment dated 12th September, 1995 still had faced the order of dismissal by the Disciplinary Authority being not sustainable but the High Court after examining in totality the facts and circumstances of the case, dismissed the writ petition vide judgment dated 17th July, 2008 which is a subject matter of appeal before us.

12. Disciplinary inquiry was held against him under Rule 34 of CISF Rules, 1969 for the gross misconduct and serious breach committed by him in discharge of his official duties in handing over unlicensed fire arm with ammunitions (a country made revolver) concealed in a brief case at the residence of Constable S.P. Patel on 19th November, 1992 and in support of the charge, the statement of PW­5 Smt. Laxmi Patel w/o Constable S.P. Patel was recorded. In the course of disciplinary inquiry, she had categorically stated that the appellant Constable came to her house in the evening and handed over small brief case to her for keeping it in the house. When she asked the appellant at the time of handing over of the brief case as to what it contained, the 7 appellant replied that it contained clothes. When her husband came back from duty, she told him of the brief case handed over to her by the appellant for keeping it in the house. Her husband PW­4 Constable S.P. Patel also narrated the fact which was reported by his wife PW­5 Laxmi Patel when he returned back on 19th November, 1992.

24. Consequently, in our considered view, the appeal is without substance and is accordingly dismissed. No costs.

25. Pending application(s), if any, stand disposed of.