Ramesh Kumar Punia vs The Union Of India And 8 Ors
2023 Latest Caselaw 1448 Gua

                                                                Page No.# 1/4

GAHC010076872023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/2000/2023

         RAMESH KUMAR PUNIA
         S/O LATE SH. SHRICHAND PUNI, PRESENTLY SERVING AS DEPAUTY
         COMMANDANT, IN 33RD BN ITBP PRESENTLY LOCATED AT GAMES
         VILLAGE, P.S.-BASISTHA, KAMRUP (M), ASSAM, PIN-781028



         VERSUS

         THE UNION OF INDIA AND 8 ORS
         REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW
         DELHI-110003

         2:THE DIRECTOR GENERAL
          DIRECTORATE GENERAL
          ITBP
          BLOCK 2
          CGO COMPLEX
          NEW DELHI-110002

         3:THE ADDITIONAL DIRECTOR GENERAL
          EASTERN COMMAND HEADQUARTERS ITBP
          BSNL BUILDING
          DHARAPUR
          GUWAHATI (ASSAM) 781017

         4:THE CHIEF VIGILANCE OFFICER
          INSPECTOR GENERAL
          ITBP
          BLOCK 2
          CGO COMPLEX
          NEW DELHI-110003

         5:THE INSPECTOR GENERAL NORTH WESTERN FRONTIER
                                                                  Page No.# 2/4

             ITBP
             MINISTRY OF HOME AFFAIRS
             C/O 56 APO
             POST-CHUGLAM SHAHAR JAIL ROAD
             LEH LADAKH (UT)
             PIN-194101

            6:THE DY. INSPECTOR GENERAL (TEZPUR SECTOR)
             ITBP
             MINISTRY OF HOME AFFAIRS
             RANGAMATI
             P.O.-BIHAGURI
             SONITPUR (ASSAM) 784001

            7:THE DY. INSPECTOR GENERAL (PERS.) ITBP
             MINISTRY OF HOME AFFAIRS
             BLOCK 2
             CGO COMPLEX
             NEW DELHI-110003

            8:THE COMMANDANT 33 BATTALION
             ITBP
             BLOCK A-14
             6TH FLOOR
             GAMES VILLAGE
             GUWAHATI
             PIN-781028

            9:THE COMMANDANT AND PRESIDING OFFICER (COURT OF INQUIRY)
             37 BN.
             C/O 56 A.P.O.
             POST-CHUGLAM SHAHAR
             JAIL ROAD
             LEH
             LADAKH (U.T.) PIN-19410

Advocate for the Petitioner   : MR. R MAZUMDAR

Advocate for the Respondent : DY.S.G.I.

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BEFORE

HON'BLE MR. JUSTICE SOUMITRA SAIKIA Order

06-04-2023

Heard Mr. R. Mazumdar, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC appearing for the respondents.

The petitioner is a Deputy Commandant in the Indo Tibetan Police Force

and presently posted at 33rd Bn. ITBP, Basistha, Guwahati. During his tenure as a Deputy Commandant in the 05 Battalion at Leh, an anonymous complaint was lodged regarding unauthorized sale of about 25 barrels of Kerosene oil in the open market by transporting the same from Murgo Out Post to Syok Out Post by a Government vehicle bearing No.CH 01G 8326. Pursuant thereto a Court of inquiry was initiated which however did not arrive at any finding against the petitioner. Subsequently, another Court of inquiry has again been initiated in respect of the same allegations made by another anonymous complaint. Learned counsel for the petitioner submits that the actions of the respondents are contrary to law on the two grounds; firstly, by the Office Memorandum dated 30.01.2023 issued by the IG (Adm & Pers), Eastern Command Headquarters, it is provided that the instructions issued by the CVC are to be taken into account according to which no action should be taken on anonymous complaints. Secondly, when the First Court of inquiry did not return any findings against the petitioner in respect of the anonymous complaint, there is no power vested under the Rules on the authorities to initiate a second Court of inquiry on the basis of the same anonymous letter. Learned counsel for the petitioner refers to the judgment of the Apex Court in the State of Assam vs. J N Roy Biswas, reported in 1976 (1) SCC 234, whereby the Apex Court held that Page No.# 4/4

once the disciplinary case is closed and the official is reinstated, the Government cannot restart the exercise in the absence of specific power to review or revise, vested by the Rules in some authority.

Learned counsel for the petitioner submits that there are no rules which permit for revising or reopening of any proceedings including the Court of inquiry as has been done by the respondent department.

Ms. B. Sarma, learned CGC submits that she would require some time to complete instructions in this matter.

Accordingly, let notice be issued, returnable by 4 (four) weeks.

Since Ms. B. Sarma has appeared on behalf of all the respondents, no formal notices need be issued in respect of the respondents as they are duly represented. However, extra copies of the writ petition be served on Ms. Sarma within 1 (one) week from today.

List the matter on 10.05.2023.

In the meanwhile, till the next returnable date, the proceeding of the second Court of inquiry vide Order No. 21 dated 12.01.2023, issued by the Inspector General, North Western Frontier Headquarter shall remain suspended.

JUDGE

Comparing Assistant