TaxTMI 
TaxTMI 
2020 (9) TMI 1293
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....form shift duty, but since July, 1997 he was deployed in the Crime and Intelligence Wing. As evidenced by an office order dated 08.05.1998, the Appellant was specifically entrusted with conducting surprise searches of personnel and taking strict action against anyone indulging in corruption. 3. On 28.02.1999 at around 6 PM, Constable Ram Avtar Sharma (CW-1; hereinafter "Sharma") was commuting in a CISF bus near the BPCL compound when Inspector Hiralal Chaudhary (PW-1; hereinafter, "Chaudhary") noticed a large bundle of high-denomination notes in Sharma's pocket. Suspicious, Chaudhary got the bus turned back towards the BPCL compound, and forcibly made Sharma deboard near the North-gate. Amidst witnesses, Chaudhary searched Sharma's person, during which a total sum of Rs. 10,780 in the form of 100 notes of Rs. 100 and the rest in smaller denominations was recovered. No explanation for the large sum of unaccounted cash was forthcoming from Sharma, except for a plea for mercy, post which the amount was seized and the incident recorded in the General Diary ("GD") kept at the North-gate of the BPCL compound. 4. Later, it was found that a conflicting GD entry had been made at t....
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....arma (PW-2), who as per the Appellant's defence had handed over the seized amount as loan amount to Sharma, negated this alternate version and instead implicated the Appellant by mentioning that not only did he not give any money to anyone, but that he had instead been threatened by the Appellant into giving a false statement. Head Constable RK Sharma (PW-3) claimed to have witnessed the search and seizure, and denied any talk of a loan during such event. ASI Karan Singh (PW-4) deposed that two empty garbage trucks had entered the BPCL premises earlier in the afternoon. ASI Surjan Singh (PW-5) testified that at around 6:30 PM when he was on duty at the BPCL Main-gate, he received a call from the Appellant intimidating him into registering a false GD Entry with earlier time of 6:05 PM to substantiate a fictitious loan transaction with the stated objective of protecting Sharma (CW-1). 9. Additionally, the enquiry officer examined Constable Ram Avtar Sharma (CW-1) who testified that at around 2 PM on 28.02.1999 he received a bundle of notes totalling Rs. 10,000 on behalf of the Appellant from one DK Parmar, who was contracted by BPCL for the job of lifting garbage/waste. These no....
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....quiry officer through report dated 17.09.1999 held the Appellant guilty under each of the three charges. The enquiry officer found as a matter of fact that the GD No. 257, entered at 6:05 PM on 28.02.1999, was a false entry made at the instance of the Appellant by Surjan Singh (PW-5), so that an alternate version could be crafted in which Sharma (CW-1) had allegedly received the seized money as loan. Qua the second charge, it stood established from the version of KK Sharma (PW-2) that he had not advanced any loan and that he was approached by the Appellant to give a false statement to substantiate the GD No. 257. Finally, upon a holistic interpretation of all evidence, that is, falsification of GD, threatening of KK Sharma (PW-2), as well as indications of wrongdoing from the statements of other witnesses like DW-1; the enquiry officer concluded that illegal sums were being collected by the Appellant from BPCL's contractors through his subordinate officers and therefore, the third charge of corruption too had been proved. c. Proceedings before the Disciplinary Authority 12. This voluminous enquiry report was placed before the disciplinary authority, which gave the Appellant b....
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.... and the collective image of the force, the Disciplinary Authority passed the order dated 20.11.1999, imposing exemplary punishment of dismissal from service Under Rule 29(a) read with Rule 31(a) - Schedule II of CISF Rules, 1969. d. Decision of the Appellate Authority 16. The Appellant preferred departmental appeal against the order of his dismissal from service before the Deputy Inspector General of the CISF Western Zone. In addition to highlighting contradictions in testimonies and re-interpreting the evidence on record, the Appellant also raised a new defence that the entire proceedings were at the behest of a particular superior officer. 17. The appellate authority went into each and every contention of the Appellant and after re-appreciating the evidence on record, it dismissed the appeal vide order dated 12.07.2000, concluding that: Further I find that there is no material irregularity or miscarriage of justice in the departmental enquiry proceedings. After considering the gravity of proven misconduct, the Petitioner is not found fit for retention in an armed force of the Union of India like CISF. The contentions made in his appeal petitions are totally devoid of merits....
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....ry officer was called into question, contending that his decision to put questions to witnesses was unfair. Acting as both the judge and prosecutor, the enquiry officer was alleged to have vitiated the entirety of the proceedings. Till the last minute, the Appellant vehemently stuck to his alternate version that the recovered sum of Rs. 10,780 was nothing but a loan extended between two officials in a private capacity, and that the false charges were levelled on him with oblique motives at the instance of certain superiors. Finally, the Appellant sought leniency and urged that given another 21 years of remaining service, imposition of the severest punishment of dismissal from service was highly disproportionate which ought to shock the conscience of this Court. 22. These contentions have dexterously been countered by the learned Counsel for the Respondents, who highlights through specific reference to the impugned order that retraction of CW-1's statement had been noted by all prior authorities and that no significant reliance had been placed on it while holding the Appellant guilty. Adequate opportunities were granted and had been availed by him. Attention was drawn to the fa....
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....evaluation of the decision-making process, and not the merits of the decision itself. Judicial Review seeks to ensure fairness in treatment and not fairness of conclusion. It ought to be used to correct manifest errors of law or procedure, which might result in significant injustice; or in case of bias or gross unreasonableness of outcome [Government of Andhra Pradesh v. Mohd. Nasrullah Khan, 2006 : (2006) 2 SCC 373, p. 11.]. 26. These principles are succinctly elucidated by a three-judge Bench of this Court in B.C. Chaturvedi v. Union of India (1995) 6 SCC 749 p. 12 in the following extract: 12. Judicial review is not an appeal from a decision but a review of the manner in which the decision is made. Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the court. When an inquiry is conducted on charges of misconduct by a public servant, the Court/Tribunal is concerned to determine whether the inquiry was held by a competent officer or whether Rules of natural justice are complied with. Whether the findings or conclusions are based on some evi....
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....r powers of judicial review would not assume the role of an appellate authority. Their jurisdiction is circumscribed by limits of correcting errors of law, procedural errors leading to manifest injustice or violation of principles of natural justice. Put differently, judicial review is not analogous to venturing into the merits of a case like an appellate authority. 29. The High Court was thus rightly concerned more about the competence of the enquiry officer and adherence to natural justice, rather than verifying the Appellant's guilt through documents and statements. It clearly noted that evidence was led, cross-examination was conducted and opportunities of addressing arguments, raising objections, and filing appeal were granted. The conclusion obtained was based upon these very evidences and was detailed and well-reasoned. Furthermore, the High Court didn't restrict the scope of judicial review, rather adopted a liberal approach, and delved further to come to its own independent conclusion of guilt. Similarly, we have no doubt in our minds that the appellate authority had carefully dealt with each plea raised by the Appellant in his appeal and had given detailed respon....
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....ed in the present proceedings. Opportunity to seek assistance of another officer was accorded, right of making representation was granted before each authority, multiple opportunities were granted to lead evidence, cross-examine witnesses, and raise objections. The Appellant exercised most of these options, though some were given up despite reminders. Minor delays on part of the Appellant were ignored and each concern of his had been addressed through detailed reasons. III. Effect of criminal enquiry on disciplinary proceedings 33. The incident of 28.02.1999 raised serious questions of criminality under the Indian Penal Code and the Prevention of Corruption Act, as well as of violation of Service Regulations and administrative misconduct. Thus, in addition to appointment of enquiry officer, the authorities also registered a criminal complaint with the CBI. After investigation, the CBI though did not find adequate material to launch criminal prosecution against the Appellant but through its self-speaking report dated 07.03.2000, the CBI recommended major disciplinary action against the Appellant and a few others. 34. It is beyond debate that criminal proceedings are distinct from....