Pawan Kumar vs The Chairman, Ntro And Ors
2015 Latest Caselaw 7717 Del

$~25
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 5669/2015
                                        Date of decision : 8th October, 2015
       PAWAN KUMAR                                        ..... Petitioner
                          Through :    Ms. Jyoti Singh, Sr. Adv. with
                                       Ms. Tinu Bajwa, Mr. Ajesh Luthra
                                       and Ms. Amandeep Joshi, Advocates.
                  versus
    THE CHAIRMAN, NTRO & ORS                  ..... Respondent
                  Through : Mr. Arun Bhardwaj, CGSC for UOI.
                            Mr. V. Sethu Madhavan, OSD and
                            Mr. S. S. Yadav, OSD for NTRO.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

G. S. SISTANI, J. (ORAL)

W.P.(C) 5669/2015

1. Challenge in this writ petition is to the order passed by the Central Administrative Tribunal dated 21.04.2015. The petitioner had approached the Tribunal seeking relief for quashing the charge sheet dated 21.09.2011 which is as follows :

ARTICLE-I That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) on 14.06.2010 was found in unauthorized possession of 17 documents (as illustrated in Annexure-II) unrelated to his official duties. He, thereby, caused serious breach of security.

2. Thus, Shri Pawan Kumar violated Departmental Security Instructions-2005 and Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE-II

That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) connected his official computer having official/classified data to internet thereby endangering the security of classified information.

2. Thus, Shri Pawan Kumar willfully violated NTRO Information Security Policy, Departmental Security Instructions-2005, NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13.10.2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE-III

That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) unauthorizedly installed softwars, namely, "Download Accelerator Plus" and "Skype" on his official computer HP S.No.INI 71702P4. "Skype software" could be used to show documents from office to outsiders.

2. Thus, Shri Pawan Kumar, violated NTRO Information Security Policy, Departmental Security Instructions-2005, NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13.10.2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE-IV

That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) downloaded and stored pornographic images in his official computer HP S.No.INI 71702P4.

2. Thus, Shri Pawan Kumar, violated the Departmental Security Instructions-2005 and NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13 Oct 2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE-V

That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) took a photograph of his office and stored the same on his official computer HP S.No.INI 71702P4.

2. Bringing photography equipment and doing photograph in NTRO premises is prohibited in terms of NTRO Security Instructions issued vide NTRO letter No.XXII/S&CI/009/05/PI-3980 dated 13.10.2008 and Departmental Security Instructions 2005. Thus, Shri Pawan Kumar violated Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE VI

That the said Shri Pawan Kumar while functioning as Deputy Director, NGO on 14.06.2010 was found in possession of two unauthorized, unaccounted pen drives having classified data and pseudonymous complaints.

2. Thus, Shri Pawan Kumar violated the Departmental Security Instructions-2005, NTRO Security Instructions issued vide No.XXII/S&CI/009/05/PI-3980 dated 13 Oct 2008 and Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE VII

An analysis of the pen drives (two) recovered from Shri Pawan Kumar, the then Dy. Director (NGO) reveals that the pen drives contained following data pertaining to recruitment.

i. A 400 page document containing bio-data of candidates for the post of Scientist-B.

ii. A document pertaining to recruitment of DS (SS).

iii. A document about recruitment to the post of Deputy Director (Rs.12,000-16,500/-).

iv. Documents about recruitment to the post of Senior Admin Assistant (Rs.500-9000/-) and Administrative Officer (Rs.8,000-13,500/-).

v. Documents about recruitment of Maj (Retd.) DS Sidhu for the post of External Pilot-UAV (Rs.10,000-15,200) and Shri Vibhav Vikrant for the post of External Pilot-UAV (Rs.8000-13,500/-).

2. The abovementioned documents are extremely detailed and exhaustive and contain references to file notings and circulars which were beyond the official task assigned to Shri Pawan Kumar. Shri Pawan Kumar willfully and unauthorized collected and retained the data to which he was not authorized to have access. Thus, he acted in a manner unbecoming of a Government Servant, violative of Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE VIII

That the said Shri Pawan Kumar while functioning as Deputy Director, (NGO) in writing pseudonymous/anonymous complaints (two) to PM (CVC), CBI, Cab. Sectt., UPSC & NSA.

2. The abovementioned complaints contain information which Shri Pawan Kumar was not official authorized to hold. Thus, Sh. Pawan Kumar willfully and unauthorizedly collected and retained the data and communicated the same unauthorisedly. Thus, he acted in a manner violative of Rule 3(1) and Rule 11 of the CCS (Conduct) Rules, 1964.

ARTICLE IX

Shri Pawan Kumar, the then Dy. Director (NGO) made a false statement against Dr. SM Bhaskar in connection with recovery of memorandum issued by NTRO to Shri Rakesh Kumar, Scientist "B" and Ms. Suruchi Bhateja, Scientist "B" from him.

2. Thus, Shri Pawan Kumar violated Rule 3(1) of the CCS (Conduct) Rules, 1964.

ARTICLE X

That the said Shri Pawan Kumar wrote three letters dated 17.06.2010, 19.06.2010 and 23.07.2919 directly to NSA without following proper channel.

2. Thus, Shri Pawan Kumar violated Rule 3(1) of the CCS (Conduct) Rules, 1964.

2. The learned Tribunal partially allowed the OA but did not quash the charge sheet. However, a direction was given to the respondents to consider the representation of the petitioner dated 06.01.2012 and proceed with the enquiry thereafter. We are informed that the representation of the petitioner dated 06.01.2012 stands disposed of.

3. Learned Senior Counsel appearing for the petitioner during the course of hearing had raised a plea that the initiation of the proceedings do not bear the signatures of the Disciplinary Authority which in this case is the Prime Minister of India. The original record was produced which was examined by this Court.

4. After some hearing in the matter, it is agreed that the present writ petition may be disposed of at this stage with the following agreed directions

i) It is agreed by the parties that the petitioner would participate in the enquiry, co-operate with the Enquiry Officer and the Enquiry Officer be requested to complete the enquiry proceedings expeditiously.

ii) It is also agreed by the learned counsel for the parties that all grounds raised by the petitioner in the present writ petition be kept open to be agitated only after the final order is passed by the Department.

5. With these directions, the present writ petition is disposed of. CM APPL. 10201/2015 (Stay)

6. In view of the order passed in the writ petition, the application is also disposed of.

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J OCTOBER 08, 2015 sc