Himachal Pradesh High Court
Ashwani Kumar vs Union Of India & Others on 29 June, 2018
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 1355 of 2012.
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Reserved on : 21st June, 2018.
Decided on : 29th June, 2018.
Ashwani Kumar .....Petitioner.
Versus
Union of India & others
Coram:
r to
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
....Respondents.
Whether approved for reporting?1 Yes.
For the Petitioner: Mr. B.N. Mehta, Advocate.
For Respondent No.1 to 4: Mr. Lokinder Pal Thakur, Senior Panel Counsel.
For Respondent No.6: Nemo.
Respondent No.5 already ex-parte.
Sureshwar Thakur, Judge.
The disciplinary authority concerned, under, apt orders recorded on 29.06.2010, ordered, for, removal, of, the petitioner herein, from, active service, 1 Whether reporters of the local papers may be allowed to see the judgment?
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and, in an appeal reared therefrom, by, the aggrieved before respondent No.3, the latter also dismissed the appeal, through, orders respectively borne, in, Annexure P-14, and, in Annexure P-16. The petitioner herein being aggrieved therefrom, hence, has cast a challenge upon
16.
r to the orders borne in Annexure P-14, and, in Annexure P-
2. The order removing the petitioner, from, active service, was preceded by his being faced, with an inquiry, for his mis-conduct(s), comprised, (a) in his establishing or developing illicit physical relations, with, one Smt. Kavita wife of Sh. Avinash Singh, AC, during, the year 2008, when he was deployed, as, Security Assistant of AC/GD Avinash Singh, (b) and, his making a porn video against her will hence resulting, in, his committing an offence under Section 375, (c) AND, from his misconduct of his being motivated, by Asstt. Commandant Avinash Singh, to make illicit relation with Smt. Kavita, w/o ::: Downloaded on - 03/07/2018 23:00:05 :::HCHP ...3...
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Avinash Singh, and, his making a porn C.D., (d) AND, hence his aforesaid conduct not behoving the high propriety, and, discipline expected, from, a personnel, deployed in the disciplinary force.
3. The petitioner, may succeed, in setting aside the impugned annexures, only upon, his unflinchingly establishing, (i) that the evidence in respect of the aforesaid articles of misconduct, being both fragile and weak, (ii) whereas, credence being imputed thereto, by the authorities concerned, (iii) obviously hence sequelling erroneous and fallacious findings being rendered, upon, the aforestated articles, of, charge/mis-conduct. This Court has thoroughly perused the record appertaining, to the evidence, adduced by the presenting officer, before the inquiry officer concerned, and, (iv) therefrom no elicitations emanate, with, any vivid display, of, the evidence presented, by the presenting officer, before, the inquiry officer being both, fragile and weak, (v) nor ::: Downloaded on - 03/07/2018 23:00:05 :::HCHP ...4...
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hence it can be concluded that any reliance placed thereon, by the authorities concerned, being hence likewise infirm, and, shaky. Contrarily, this Court has perused Annexure R-1, which carries the record of the proceedings, drawn, before the Commandant, wherewith delinquent petitioner, r to stands appended the apt statement made by the before the inquiry officer concerned, (vi) carrying therein a clear explicit, and, candid incriminatory confession, of the petitioner qua his developing and establishing illicit physical relations, with one Smt. Kavita, wife of Avinash Singh. Even though, he has therein voiced of his being coerced, to develop physical relationship(s) with aforesaid Kavita, yet the purported coercion and duress, as exercised upon him by Kavita, for hence his developing physical relationships with her, is, not borne out by any cogent evidence, (vii) comprised in his, in contemporaneity thereto, rearing a complaint before his superior officers or his making an ::: Downloaded on - 03/07/2018 23:00:05 :::HCHP ...5...
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intimation to her husband. Want of the aforesaid protests, by the delinquent petitioner, vis-a-vis, the purported coercion or compulsion exerted upon him, by one Smt. Kavita, for his hence establishing an illicit relationship with her, cannot hence adequately equip him, to espouse that he was innocent or he did not carry the requisite mens rea, for his developing or establishing an illicit physical relationship with one Smt. Kavita.
Contrarily, his incriminatory confessions, rather vividly display of his, at the relevant time, hence holding, the apposite mens rea, (viii) thereupon, with his conduct tantamounting, of, hence its holding entrenched vices of moral turpitude also when the aforesaid misconduct, is not expected, from any personnel, deployed, in, disciplinary forces, (ix) thereupon, the imposition, of, a penalty, by the appropriate authority, qua his removal, from active service, is, both, proper and tenable, and, the impugned orders, do not suffer, from, any vice, of, the ::: Downloaded on - 03/07/2018 23:00:05 :::HCHP ...6...
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disciplinary authority, hence, discarding the appropriate evidence or its mis-appraising the evidence, germane, to the articles of the charges.
4. For the foregoing reasons, there is no merit in the instant petition and it is dismissed accordingly.
affirmed and maintained.
r to Consequently, the orders impugned before this Court are All pending applications also stand disposed of. No costs.
(Sureshwar Thakur) 29 th June, 2018. Judge.
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