Delhi High Court
Vikas Tomar vs Union Of India And Ors on 7 September, 2020
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 7th September, 2020
+ W.P. (C) 6041/2020
VIKAS TOMAR .....Petitioner
Through: Mr. Nikhil Bhardwaj, Advocate
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr.Sreemithun, Senior Panel
Counsel
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
[VIA VIDEO CONFERENCING]
JUSTICE RAJIV SAHAI ENDLAW
C.M. Appln. Nos.21730-21731/2020 (Exemption from filing fair
copies of dim and hand written annexures and from filing
certified copies of annexures)
1. Allowed, subject to just exceptions and as per extant rules.
2. The applications are disposed of.
W.P. (C) 6041/2020, C.M. Appln. No.21729/2020 (of the
petitioners for stay/interim orders)
3. The sole petitioner, a Sub-Inspector in the respondents
Central Industrial Security Force (CISF), has filed this petition
seeking (i) quashing of the charge-sheet dated 27th April, 2020
issued by the respondents CISF to the petitioner on the ground of,
the petitioner, while on duty in the night between 17th and 18th
January, 2020 at Rajghat Power House, during surprise inspection
having been found sitting in the Control Room with the light
switched off and which has been suggested to be indicative of the
petitioner wanting to sleep, though the petitioner has not been
charged with having been found sleeping during the surprise
inspection; (ii) impugning the order dated 13th August, 2020 of the
respondents CISF, denying copy of the preliminary inquiry report
sought by the petitioner; and, (iii) mandamus, directing the
respondents CISF to supply the petitioner copies of all the
documents sought by the petitioner.
4. The counsel for the petitioner states that the petitioner, since
the filing of the petition, has received a communication asking the
petitioner to inspect the documents. The counsel for the petitioner
thus states that part of the grievance with which the petition was
filed, stands redressed. It is further stated that the petitioner,
without prejudice to his rights and contentions and with liberty to
take up the challenge as made in this petition, at a later date, if need
arises, does not press the relief claimed, of quashing of the charge-
sheet. It is however stated that direction be issued to the
respondents CISF to not only allow inspection of the documents to
the petitioner but to also furnish copies of the documents to the
petitioner.
5. Mr.Sreemithun, Advocate appearing for the respondents
CISF states that copies of the documents will be given.
6. The petition is thus disposed of, directing the respondents
CISF to, furnish to the petitioner within ten days, copies of the
preliminary Inquiry Report and all other documents intended to be
used against the petitioner during the disciplinary inquiry and
granting liberty as sought to the petitioner.
7. Though we have disposed of the petition but would like to
make some observations which we think should be considered by
the authorities concerned, not only of the respondents CISF but of
other CAPFs also, with respect to incidents such as that qua which
charge-sheet has been issued to the petitioner.
8. We have enquired from the counsel for the respondents
CISF, what are the Rules/Guidelines/Protocols with respect to
Guard Cabin/Control Room at night i.e. whether the lights
provided therein should be kept switched on or are required to be
switched off.
9. The counsel for the respondents CISF states that he will have
to obtain instructions.
10. In our prima facie view, since a charge-sheet can be issued
on such an aspect, it is apposite that the said matter be not left at
the discretion of the personnel manning the Control-Room and
there should be a protocol therefor including qua whether the light
of the Control Room of the Guard Cabin is to be switched on or
switched off during night. We may mention that the petitioner has
given reasons for his decision to switch off the light i.e., to not
make visible the position of the armed guard. The said reason, in
the absence of any prescribed protocol, may appear to be plausible
and not inviting any disciplinary action. Providing such a protocol,
if not already in existence, would provide much required clarity,
avoid exercise of discretion by the personnel manning the Control
Room/Guard Cabin and would also save the valuable time spent in
disciplinary proceedings on such grounds. All that can be said is,
that in government bungalows, where the guards are seen posted,
generally no light during the night hours is found in the Control
Room/Guard Cabin.
11. The counsel for the respondents CISF states that the
petitioner has been charged also with arrogance, though on enquiry
admits that the Deputy Commandant Naveen Rana, who had
carried out the surprise inspection, was not personally known to the
petitioner. If that was so, no wrong can prima facie be found in the
petitioner, an SI, during night duty, asking the Deputy
Commandant Naveen Rana his identity card.
12. The counsel for the respondents CISF again states that the
charge against the petitioner is also of arrogance.
13. Undoubtedly so, but without giving any particulars of what
the petitioner said and in reply to what questions of Deputy
Commandant Naveen Rana. It is prima facie felt that the authority
concerned i.e. Inspector General (Personnel) of the respondents
CISF needs to look into the said aspects also.
14. We may clarify that the purport of the aforesaid is not to
render our opinion one way or the other and only to highlight
certain facts which, we are of the opinion, will go a long way in
inculcating discipline, with clarity in the Force, as to what is
required and not required from personnel rendering various duties.
15. The counsel for the respondents CISF at this stage states that
in pursuance to telephonic enquiry made by him during the
hearing, he has received a message to the effect that the Control-
Room light has to be kept switched on and the duty-post light is to
be switched off.
16. The petition is disposed of.
RAJIV SAHAI ENDLAW
(JUDGE)
ASHA MENON
(JUDGE)
SEPTEMBER 07, 2020
s
