DALBIR SINGH Vs. DIRECTOR GENERAL CRPF NEW DELHI

JUDGEMENT

(1.) Special leave granted. Arguments heard.

(2.) In this case, notice was confined to the question of punishment. On the last occasion we had asked Shri Maksudan Rao, learned counsel appearing for the respondent to ascertain whether the authorities were tin Special Leave Petition No. 1438 of 1986inclined to reconsider the question of awarding a lesser punishment having regard to the fact that the other two delinquent officers, namely, rajpal Singh, Sub-Inspector and Sheel Kumar, Head Constable were let off with minor punishment of reduction in rank in the case of rajpal Singh and withholding of one increment for three years in the case of Sheel Kumar.

(3.) At the resumed hearing -today, we are informed by learned counsel for the respondent that looking to the seriousness of the charge the authorities are not inclined to interfere with the punishment. We however feel that for the solitary lapse on the part of the appellant the punishment of dismissal from service is rather severe although the appellant was also found guilty of an additional charge, namely, act of remissness of his duty as a member of the Force under S. 11 (1) of the central Reserve Police Force Act, 1949 in that he did not incharge the magazine of his rifle after completion of sentry duty and thus violated the Jail Post Standing Order. In fact, he did not incharge the magazine of the rifle due to his intoxicated state.