UNION OF INDIA Vs. SUBRATA NATH
LAWS(SC)-2022-11-85
SUPREME COURT OF INDIA
Decided on
November 23,2022
UNION OF INDIA
Appellant
VERSUS
Subrata Nath
Respondents
Referred Judgements :-
STATE OF ORISSA VS. BIDYABHUSHAN MOHAPATRA [REFERRED TO]UNION OF INDIA VS. H C GOEL [REFERRED TO]
UNION OF INDIA VS. SARDAR BAHADUR [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. G GANAYUTHAM [REFERRED TO]
BANK OF INDIA VS. DEGALA SURYANARAYANA [REFERRED TO]
HIGH COURT OF JUDICATURE AT BOMBAY VS. SHASHIKANT S PATIL [REFERRED TO]
CHAIRMAN AND MD VSP VS. GOPARAJU SRI PRABHAKARA HARI BABU [REFERRED TO]
STATE BANK OF BIKANER AND JAIPUR VS. NEMI CHAND NALWAYA [REFERRED TO]
UNION OF INDIA VS. P GUNASEKARAN [REFERRED TO]
CENTRAL INDUSTRIAL SECURITY FORCE & ORS. VS. ABRAR ALI [REFERRED TO]
UNION OF INDIA VS. EX. CONSTABLE RAM KARAN [REFERRED TO]
Cited Judgements :-
UDHAB CHARAN PRADHAN VS. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE [LAWS(ORI)-2024-3-104] [REFERRED TO]JUDGEMENT
HIMA KOHLI,J. -
(1.)-2 By this order, we propose to decide two appeals preferred by the Union of India and the connected appeals preferred by the private respondent against the common judgment and order dtd. 9/9/2021 passed by the Division Bench of the High Court at Calcutta in FMA No.679 of 2019 and FMA No. 680 of 2019.
(2.)***
(3.)For the sake of convenience, the facts stated in the Civil Appeals shall be referred to. The respondent joined the Central Industrial Security Force (For short 'CISF') as a Constable on 26/2/1994. On 7/11/2007, the respondent was detailed for 'C' shift duty from 21:00 hours on 7/11/2007 to 05:00 hours on 8/11/2007 at Alif Nagar Scrap yard situated in the Garden Reach area of the Kolkata Port. On the next day, i.e., on 8/11/2007, the local police intercepted a Tata-407 truck loaded with approximately 800 kg. (approx.) of copper wires outside the port premises and informed the CISF about the said incident on learning that the copper wires had been removed from the Kolkata Port Trust area. It transpired that the said copper wires had been removed from the scrap yard of Alif Nagar Kolkata Port in the duration when the respondent was on duty. The respondent was placed under suspension and charge sheeted, vide Memorandum dtd. 7/12/2007. Following are the two articles of charge framed against the respondent:
"STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST NO. 941400817
CONSTABLE SUBRATA NATH OF CISF UNIT KoPT KOLKATA.
Article of Charge- I
That the said No.941400817 Constable Subrata Nath of CISF Unit KoPT Kolkata ("C" Coy) while perforating "C" Shift duty from 2100 hrs on 7/11/2007 to 0500 hrs on 8/11/2007 at Alif Nagar Scrap Yard with Arms and Ammunition has failed to prevent theft of copper wire weighing about 800 Kgs which were laying with other bundles of copper wire at Alif Nagar Scrap Yard of KoPT under the security coverage of the said No. 941400817 Constable Subrata Nath.
The above act on the part of No. 941400817 Constable Subrata Nath amounts to gross negligence and dereliction of duty being member of a disciplined Force.
Article of Charge-II
That the said No. 941400817 Constable Subrata Nath of CISF Unit KoPT Kolkata during the period of his 13 years sendee in CISF has been involved himself in various delinquencies and thereby awarded 08 (Eight) punishments. Even then he did not mend himself and has developed an incorrigible character."
(2.)***
(3.)For the sake of convenience, the facts stated in the Civil Appeals shall be referred to. The respondent joined the Central Industrial Security Force (For short 'CISF') as a Constable on 26/2/1994. On 7/11/2007, the respondent was detailed for 'C' shift duty from 21:00 hours on 7/11/2007 to 05:00 hours on 8/11/2007 at Alif Nagar Scrap yard situated in the Garden Reach area of the Kolkata Port. On the next day, i.e., on 8/11/2007, the local police intercepted a Tata-407 truck loaded with approximately 800 kg. (approx.) of copper wires outside the port premises and informed the CISF about the said incident on learning that the copper wires had been removed from the Kolkata Port Trust area. It transpired that the said copper wires had been removed from the scrap yard of Alif Nagar Kolkata Port in the duration when the respondent was on duty. The respondent was placed under suspension and charge sheeted, vide Memorandum dtd. 7/12/2007. Following are the two articles of charge framed against the respondent:
"STATEMENT OF ARTICLE OF CHARGE FRAMED AGAINST NO. 941400817
CONSTABLE SUBRATA NATH OF CISF UNIT KoPT KOLKATA.
Article of Charge- I
That the said No.941400817 Constable Subrata Nath of CISF Unit KoPT Kolkata ("C" Coy) while perforating "C" Shift duty from 2100 hrs on 7/11/2007 to 0500 hrs on 8/11/2007 at Alif Nagar Scrap Yard with Arms and Ammunition has failed to prevent theft of copper wire weighing about 800 Kgs which were laying with other bundles of copper wire at Alif Nagar Scrap Yard of KoPT under the security coverage of the said No. 941400817 Constable Subrata Nath.
The above act on the part of No. 941400817 Constable Subrata Nath amounts to gross negligence and dereliction of duty being member of a disciplined Force.
Article of Charge-II
That the said No. 941400817 Constable Subrata Nath of CISF Unit KoPT Kolkata during the period of his 13 years sendee in CISF has been involved himself in various delinquencies and thereby awarded 08 (Eight) punishments. Even then he did not mend himself and has developed an incorrigible character."
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