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15. On being cross-examined by the petitioner he stated that he had never seen the petitioner and the petitioner had never directly extorted money from him.

16. Ct.Pratul Kumar Mandal PW-6 deposed that on April 17, 1996 Debabrata (DW-4) along with another person visited him and told him that if he wished to be enrolled in the CISF he will have to pay `40,000/- (Rupees Forty Thousand only). At this, he took them to his house and asked Debabrata who had sent him and what guarantee did he have that he would get recruited. Debabrata told him that he had come from CISF Unit, IISCO, Burnpur and was sent by the petitioner. He showed him a list of reserve candidates which also included his name; and told him that the money was to be paid at Debabrata's residence in New Town, IISCO, Burnpur on April 22, 1996. He stated that he did not have such a huge amount of money. At this, Debabrata showed him the passport size photograph of some candidate and told him that the candidate had agreed to pay the said amount. Thereafter, a CISF officer from the office of DIG, Calcutta visited him after a couple of days and asked him not to give any money to any officer for recruitment.

24. The petitioner examined four witnesses in defence and we note their testimony.

25. Lt.Col.R.S.Sehgal, Commandant DW-1 deposed that he had personally been observing the petitioner's functioning and he found the petitioner quite efficient and honest. In the third week of February 1996 he was detailed as the presiding officer, and proceeded to Farakka for recruitment. Petitioner and a few other officers were accompanying him to control the crowd and peacefully complete the recruitment. Before leaving for Farakka, he had received various phone calls from CISF officers asking him to recruit certain candidates at which he point blank refused. On reaching Farakka he found the crowd to be very unmanageable. He conducted the recruitment as per the requisite norms and procedure. Many candidates tried to influence them but he did not oblige. He even registered an FIR against some candidates claiming to be close to an Ex-Minister and some MLAs. As a result of this a lot of candidates were unhappy and disgruntled. Earlier on April 7, 1996 at around 22:00 hours a clash had taken place at SCOB Gate, IISCO, Burnpur where a number of CISF personnel and IISCO employees were injured. Asst.Comdt.J.S.Negi who was at the spot could not do much to contain the situation. The Officer-in Charge (OIC) of the Hirapur Police Station SI G.S.Kanjilal (PW-1) reached the spot and attributed the entire blame to Asst.Comdt.J.S.Negi., and even filed a report indicting Asst.Comdt.J.S.Negi. Subsequently on the day of the incident, he received a telephone call apprising him about the arrest of a tout named Debabrata Kanjilal who was implicating the petitioner and Ct.Makhan Singh. He immediately left for Hirapur Police Station where he met the ASP, Asansol and asked him to proceed as per the legal procedure. He directed Asst.Comdt.A.C.Deb to conduct a preliminary enquiry and submit the report to him. After examining the report he opined that a prima facie case was not established against the petitioner and others. Petitioner met him and told him that he wanted to file an application seeking anticipatory bail. At this, he told the petitioner that must do whatever he deems fit to protect himself. Petitioner also told him that some disgruntled CISF officers held a grudge against him. The kith and kiln of the candidates who were not recruited also wanted the petitioner to be the scapegoat. Petitioner felt that such persons had access to the proceedings of the recruitment board and therefore knew about the particulars of the candidates reserved for recruitment. Thereafter, various inquiries were ordered by DIG, North East Zone. Many senior officials took undue interest in the case, and were seen with the officials involved in serious disciplinary cases. He stated that he felt that officers were trying to inflict pressure on the petitioner. He also stated that police authorities were trying to avenge the earlier clash between the CISF personnel and the IISCO employees on April 07, 1996 where a bitter blame game had taken place between the CISF and the police personnel.

26. On being cross-examined by the Inquiry Officer he stated that petitioner had obtained his written permission before making an application for anticipatory bail. He stated that the said disgruntled people believed that the petitioner had some influence over the recruitment board.

27. SI/Exe Manohar Singh DW-2 deposed that on April 7, 1996 at around 22:00 hours a clash took place between the CISF personnel and IISCO employees at SCOB Gate wherein several CISF personnel and IISCO employees were injured. Thereafter O/C Hirapur Police Station SI G.S.Kanjilal (PW-1) visited the spot and misbehaved with Asst.Comdt. J.S.Negi. The O/C Hirapur Police Station was angry because Asst.Comdt.J.S.Negi had refused to act as per his directions. The O/C put the entire blame on Asst.Comdt. J.S.Negi and even lodged a complaint against him. He also stated that when the petitioner visited Hirapur Police Station to enquire about the incident the O/C expressed his anger about the incident and used filthy language against CISF personnel. Thereafter, the police never cooperated with the CISF.

30. Thereafter petitioner made a statement in defence before the Inquiry Officer in which he stated that the Commandant Lt.Col.R.S.Sehgal (DW-1) and he reached the CISF unit at Farakka on February 21, 1996. He performed the 'crowd control' and ground duty as per the instructions of the recruitment board. Lt.Col.R.S.Sehgal appreciated his devotion and sincerity. Thereafter, on April 07, 1996 a clash took place between some CISF officers and IISCO employees at SCOB Gate, IISCO Burnpur. Asst.Comdt.J.S.Negi was the only senior officer at the spot. Thereafter SI G.S.Kanjilal (PW-1), the OIC of Hirapur Police Station reached the spot and misbehaved with Asst.Comdt.J.S.Negi. He felt insulted when Asst.Comdt.J.S.Negi refused to follow his instructions; and tried to attribute as much blame as possible to Asst.Comdt.J.S.Negi and other CISF personnel. Two days later, he visited Hirapur Police Station to get an official report of the incident. SI G.S.Kanjilal misbehaved with him and refused to give any information about the incident. SI G.S.Kanjilal threatened him that he would deal with Asst.Comdt.J.S.Negi and other CISF officers. Thereafter on April 23, 1996, on the complaint of Ct.Dipak Biswas (PW-10), SI G.S.Kanjilal got an opportunity of implicating the petitioner. SI G.S.Kanjilal arranged `5,000/- (Rupees Five Thousand only) and handed over the said amount to Ct.Dipak Biswas to hand over to Debabrata (DW-4). He was informed by the Commandant about the alleged implication. Two days later, he was summoned by Asst.Comdt.A.C.Deb who told him that the Commandant had instructed that a preliminary enquiry be conducted, and asked him to submit a statement in his defence. He was even advised by the Commandant to protect himself if he felt that someone was conspiring against him. After consulting his advocate he moved an application seeking anticipatory bail. Thereafter, he received from his advocate, a copy each of two statements made by Debabrata Kanjilal before the Jail Superintendent, Asansol and the Executive Magistrate, Asansol Court wherein Debabrata admitted being coerced by the local police to implicate the petitioner (D/Ex-4). He was placed under suspension on June 14, 1997. Around two weeks later, a civilian visited his residence and told him that the DIG/NZ wanted him to implicate the name of a senior officer in the case and should he do so, he will be let go. At this he point blank refused. Thereafter, around four weeks later another Commandant summoned him to his chambers and told him that his suspension would be withdrawn if he implicated a senior officer. At this, he stated that he would never render a false statement and was ready to face any consequences whatsoever. He received the charge-sheet on August 14, 1997.