Allahabad High Court
Sanjay Kumar vs Union Of India Thru. Secy. Mini. Of Home ... on 3 December, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:80713 Court No. - 6 Case :- WRIT - A No. - 8327 of 2024 Petitioner :- Sanjay Kumar Respondent :- Union Of India Thru. Secy. Mini. Of Home Affairs New Delhi And 3 Others Counsel for Petitioner :- Gauri Shankar Maurya Counsel for Respondent :- A.S.G.I. Hon'ble Alok Mathur,J.
1. Heard Sri Avnish Kumar Rai, learned counsel for the petitioner as well as Sri Varun Pandey, learned counsel appearing for the respondents.
2. The petitioner in the present writ petition who is working on the post of Assistant Commandant in Shashatra Seema Bal, has been charged with misconduct where while being posted at Assistant Commandant in SSB 3rd Battalion at Lakhimpur Kheri. On 20.05.2024, crossed over the Indo-Nepal Border and entered the Napalese territory without any permission or intimation to his superior authorities without any justified reason, despite clear directions from the Headquarter that no SSB personnel will cross the border. The petitioner in the Napalese terrority entered into scuffle with Napalese citizens. After coming back, he did not inform his unit head or his superior officers about the said fact nor did he make any entry in the relevant records and accordingly, he was placed under suspension by means of order dated 30.05.2024 by the Director General, S.S.B.
3. An inquiry into the aforesaid facts was undertaken and evidence was also recorded. Subsequently, Court of Inquiry was ordered on 09.06.2024 against petitioner where he had participated and submitted his defense.
4. It has been submitted by learned counsel for the petitioner that order of suspension was to remain in force for a period of 90 days and was to come to an end, but, on 27.08.2024, the said period was extended by order of Deputy Inspector General (P), SSB, New Delhi for a further period of 180 days with effect from 28.08.2024.
5. In the present writ petition petitioner has assailed the validity of order of suspension dated 30.05.2024 as well as order for extension of suspension dated 27.08.2024.
6. It has been submitted that a Government servant cannot be kept under suspension for long period of time without serving charge sheet and in this regard learned counsel for the petitioner has relied upon the judgment of Hon'ble Supreme Court in the case of Ajay Kumar Chaudhary Vs. Union of India, 2015 (7) SCC 291.
7. The respondents on the other hand have opposed the writ petition. A short counter affidavit has been filed by the Commandant, 17th Battalion, S.S.B. stating that petitioner had crossed over Indo-Nepal border and entered the Nepalese territory without informing his superiors and he engaged himself in activities prejudicial to the interest and security of the State. Information about the said incident was received through a viral video by the Intelligence Braqnch of 3rd Battalion, SSB, Lakhimpur Kheri and it is only after clarification was sought from the petitioner which was found to be unsatisfactory, and proceedings were initiated against him. It is in this regard Court of Inquiry was held under Rule 176 of the SSB Act, 2007 and as per the findings recorded by the Court of Inquiry, it was proposed that further disciplinary action be taken against petitioner.
8. With regard to extension of period of suspension, it is stated that the activities of the petitioner were reviewed and it was found that petitioner had tried to influence witnesses across the border during this period. After it was found that since his suspension, petitioner was engaged in highly un called for activities and raised false allegations against other officers like Commandant of 3rd Battalion during his suspension period. Accordingly, considering the aforesaid facts his order of suspension was reviewed and it was decided to be extended by further period of 180 days.
9. During the course of hearing this Court has been informed that charge sheet has been prepared and submitted to the petitioner charging him under Section 24(c), 26 and 38(c) of the SSB Act, 2007. The first charge pertains to neglect to obey any general, local or other order. The second charge pertains to conduct of petitioner in a manner which is not expected from an officer, while third charge pertains to falsifying official documents and false declaration. It is noticed that for charge nos. 1 and 3 maximum period of punishment is two years and ten years respectively, while with regard to charge no. 2 punishment is dismissal from service.
10. In the aforesaid circumstances, considering the nature and gravity of allegations levelled against petitioner and also that charge sheet has also been given and proceedings under the SSB Act, 2007 are under way, this Court does not find any ground for interference either in the order of suspension or in the order of extension of period of suspension. Accordingly, no interference is required in the matter.
11. The writ petition being devoid of merits is dismissed.
12. Learned counsel for the petitioner has informed this Court that petitioner is rather unwell and he has not been permitted to meet his family members, accordingly, in this regard it is provided that in case any representation is made by the petitioner or by his next friend before respondent no. 2 - Director General, SSB, New Delhi, he shall look into the same and in case he finds that petitioner is in need to medical attention, same shall be provided to him forthwith. Further request has been made for granting him leave, though no provision can be indicated, but in case there is any provision for grant of leave, in this regard also the petitioner will be at liberty to make suitable representation before respondent no. 2, who shall consider and decide the same in accordance with law with expedition.
Order Date :- 3.12.2024 A. Verma (Alok Mathur, J.)