Karnataka High Court
C.Ravichandra S/O Late C.Ramachandra vs The Union Of India on 11 September, 2014
Bench: N.Ananda, S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER, 2014
PRESENT
THE HON'BLE MR.JUSTICE N.ANANDA
AND
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.202401/2014 (S-CAT)
BETWEEN
C. RAVICHANDRA S/O LATE C. RAMACHANDRA
AGE: 52 YEARS,
DEPUTY CENTRAL INTELLIGENCE OFFICER (DCIO),
INTELLIGENCE BUREAU,
MINISTRY OF HOME AFFAIRS,
NO.1-4-161, ALLAMPRABHU LAYOUT,
RAICHUR - 585 101.
RESIDIDNG AT H.NO.7-6-75/B, VIDYANAGAR
NEAR LVD COLLEGE, RAICHUR - 584 103.
... PETITIONER
(BY SRI. M.M. POLICE PATIL, ADV.)
AND
1. THE UNION OF INDIA
REPRESENTATION BY ITS SECRETARY
MINISTRY OF HOME AFFAIRS
NEW DELHI - 110 001.
2. THE DIRECTOR
INTELLIGENCE BUREAU
MINISTRY OF HOME AFFAIRS
NO.35, S.P.MARG, NEW DELHI - 110 001.
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3. THE JOINT DIRECTOR
INTELLIGENCE BUREAU
MINISTRY OF HOME AFFAIRS
NO.35, S.P.MARG, NEW DELHI - 110 001.
4. THE JOINT DIRECTOR
SUBSIDIARY INTELLIGENCE BUREAU
INFANTARY ROAD, BANGALORE - 56.
... RESPONDENTS
(BY SMT.ARCHANA P. TIWARI, ASSISTANT SOLICITOR
GENERAL FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTON OF INDIA, PRAYING TO ISSUE
A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT,
ORDER OR DIRECTION SETTING ASIDE THE IMPUGNED
MEMO NO.6/ACR/2011(174)-5065, DATED 19.10.2011,
ANNEXURE-A-24, ISSUED BY THE ASST. DIRECTOR/ACR.
OFFICE OF THE DIRECTOR, INTELLIGENCE BUREAU
(MINISTRY OF HOME AFFAIRS), NEW DELHI, BY WHICH THE
PETITIONERS REQUEST FOR EXPUNGING THE ADVERSE
REMARKS IN HIS ACR FOR THE YEAR 2009-2010 HAS BEEN
REJECTED.
THIS WRIT PETITION IS COMING ON FOR HEARING THIS
DAY, N.ANANDA J. MADE THE FOLLOWING:-
ORDER
The petitioner is aggrieved by the entries made in his ACR for the year 2009-2010.
2. We have heard learned counsel for the parties. -3-
3. It is not in dispute that in the year 2009-2010 petitioner was working as Deputy Central Intelligence Officer (DCIO) in Border Intelligence Bureau, Tawang (Arunachal Pradesh). The petitioner had responsibility of receiving the cash and disbursing the same to his subordinates. The petitioner had drawn cash of Rs.87,386/-. He had kept it in his office and the cash of Rs.87,386/- was stolen from his office. The petitioner was the custodian of the cash. Therefore, the disciplinary enquiry was held against the petitioner for dereliction of duty and acts of negligence. The petitioner was found guilty. The, penalty of censure and payment of Rs.30,000/- was imposed on petitioner. The petitioner promptly paid a sum of Rs. 30,000/-. Thus the disciplinary enquiry initiated against petitioner attained finality. The competent authority made these entries in the ACR of petitioner for the year 2009-2010. The relevant entry reads as under:
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" 'Average' This is a link with the Loss of money in the theft that took place at BIP Tawang under SIB Itanagar. This disciplinary action ended in censure with recover of Rs.30,000/-"
The petitioner was before the Central Administrative Tribunal. The learned Members of the Central Administrative Tribunal dismissed the application of the petitioner. Therefore, the petitioner is before this Court.
4. It is the contention of the learned counsel for petitioner that the aforesaid entries in ACR had come in the way of gradation of the performance of petitioner, consequently his next promotion was overlooked.
5. The concerned authority had made entries in the ACR to reflect disciplinary enquiry and penalty suffered by the petitioner during relevant year. Therefore, we cannot find fault with concerned authority for reflecting disciplinary enquiry held against the petitioner in the ACR for the year 2009-2010. Whether the concerned authorities -5- were justified in overlooking the petitioner for promotion or not cannot be considered by this Court. Therefore, the petition is dismissed.
Sd/-
JUDGE Sd/-
JUDGE Srt