Nama Sandeep Kumar vs The Director General/ Central ...
2021 Latest Caselaw 10281 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                       WP(C).No.7942 OF 2021(P)


PETITIONER:

               NAMA SANDEEP KUMAR
               AGED 32 YEARS
               NO.094920305, EX.CONSTABLE/GD, PRESENTLY RESIDING AT
               QUARTER NO.A2-S4, CISF NEW COMPLEX, CISF UNIT BPCL
               COCHIN, IRUMPANAM P.O., ERNAKULAM, KERALA, PIN - 682
               309.

               BY ADVS.
               SRI.T.SANJAY
               SHRI.SANIL KUMAR G.
               SHRI.MIDHUN R.

RESPONDENTS:

      1        THE DIRECTOR GENERAL/ CENTRAL INDUSTRIAL SECURITY
               FORCE
               CISF HEAD QUARTERS, CGO COMPLEX, LODHI ROAD, NEW
               DELHI, PIN - 110 003.

      2        THE DIRECTOR GENERAL/ITBP
               ITBP HEAD QUARTERS, CGO COMPLEX, BLOCK NO.2, LODHI
               ROAD, NEW DELHI, PIN - 110 003.

      3        THE INSPECTOR GENERAL/CENTRAL INDUSTRIAL SECURITY
               FORCE
               SOUTH SECTOR HEAD QUARTERS, CHPT CAMPUS, CHENNAI, PIN
               - 600 013.

      4        THE DEPUTY INSPECTOR GENERAL/CISF
               CISF SOUTH ZONE HEAD QUARTERS, RAJAJI BHAVAN, BASANT
               NAGAR, CHENNAI, PIN- 600 090.

      5        THE GROUP COMMANDANT
               CISF GROUP HEAD QUARTERS, KENDRIYA BHAVAN, KAKKANAD,
               ERNAKULAM, PIN - 682 030.

      6        THE COMMANDANT, ITBP 29 BATTALION
               JABALPUR, MADHYA PRADESH, PIN 482 001.

      7        THE DEPUTY COMMANDANT
               CISF UNIT BPCL(KR), IRUMPANAM P.O., ERNAKULAM,
 WP(C).No.7942 OF 2021(P)

                                 2

             KERALA, PIN - 682 309.

      8      THE INQUIRY OFFICER (SHRI.N.S.MURALEEDHARAN,
             ASSISTANT COMMANDANT)
             CISF UNIT CSY COCHIN, PIN - 682 015.

      9      UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME
             AFFAIRS, NORTH BLOCK, NEW DELHI - 110 001.


             P VIJAYAKUMAR ASG

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7942 OF 2021(P)

                                    3




                            JUDGMENT

Dated this the 26th day of March 2021

This writ petition is filed seeking the following reliefs:-

(i) to issue a writ of Certiorari or any other writ or order quashing Ext.P5 inquiry report and Ext.P6 Final Order;

(ii) to issue a writ of mandamus or any other writ, order or direction directing the respondents to reinstate the petitioner with all consequential benefits;

(iii) to issue a writ of mandamus or any other writ, order or direction directing the respondents to allow the petitioner to retain his family accommodation pending completion of the due process that he is entitled to as per law;

(iv) to issue a writ of mandamus or any other writ, order or direction directing the 4 th respondent to consider Ext.P7 appeal in the light of the judgments of the Hon'ble Supreme Court of India in Avtar Singh vs. Union of India & Ors.(2016) 8 SCC 471 and Commissioner of Police v. Sandeep Kumar, (2011)4 SCC 644;

2. Heard the learned counsel for the petitioner and the WP(C).No.7942 OF 2021(P)

learned ASGI appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that as against Ext.P6 order of "Removal" from service, the

petitioner has approached the 4 th respondent with Ext.P7 statutory

appeal and seeks a consideration of the same. It is submitted

that, in the meanwhile, the petitioner is being evicted from the

official quarters by Ext.P8 and that the petitioner has raised a

further request for the retention of the family quarters till the

appeal is considered in Ext.P7 itself.

4. Having heard the learned counsel on either side, I am

of the opinion that Ext.P7, being a statutory appeal, is liable to

be considered by the 4th respondent in accordance with law, after

considering the specific contentions raised by the petitioner.

Appropriate orders shall be passed within a period of three

months from the date of receipt of a copy of this judgment. In

the meanwhile, the request raised by the petitioner for retention

in the family quarters, which is also raised in Ext.P7, will be WP(C).No.7942 OF 2021(P)

considered by the 4th respondent within a period of two weeks

from the date of receipt of a copy of this judgment. Till such

time, further proceedings pursuant to Ext.P8 shall be kept in

abeyance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.7942 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CHARGE MEMORANDUM NO.

(9883) DATED 28/10/2020 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE REPLY DATED 06/11/2020 PREFERRED BY THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE DEPOSITION OF PW-1 WITH CROSS EXAMINATION.

EXHIBIT P4 TRUE COPY OF THE DEPOSITION OF PW-2 WITH CROSS EXAMINATION.

EXHIBIT P5 TRUE COPY OF THE INQUIRY REPORT DATED 13/12/2020.

EXHIBIT P6 TRUE COPY OF FINAL ORDER NO.(1236) DATED 05/02/2021.

EXHIBIT P7 TRUE COPY OF THE APPEAL PETITION DATED 27/02/2021 PREFERRED BY THE PETITIONER.

EXHIBIT P8 A TRUE COPY OF LETTER DATED 09/03/2021 ISSUED BY THE 7TH RESPONDENT DIRECTING TO VACATE THE FAMILY ACCOMMODATION ALLOTTED TO THE PETITIONER.