EX. NO. 913096895 CT/GDJ SAMPATH KUMAR, S/O. JAYARAMAN Vs. THE INSPECTOR GENERAL CRPF, THE APPELLATE AUTHORITY AND DEPUTY INSPECTOR GENERAL OF POLICE, THE COMMANDANT AND THE DEPUTY COMMANDANT BOTH - 91 BN. CENTRAL RESERVE POLICE FORCE

JUDGEMENT

(1.) HEARD the learned Counsel for the Petitioner and, the Respondents.

(2.) THE facts briefly stated are as follows: The Petitioner was appointed as a Constable in the Central Reserve Police Force (hereinafter referred to as the CRPF for brevity), Avadi, Chennai. He was to undergo basic training at Chennai upto August 1991 and thereafter he was posted to Commandant 115 Battalion, Rampur, Uttar Pradesh for a further training for a period of one year till May 1992. It is claimed that, thereafter, he was posted to Commandant 109 Battalion, Punjab and at various other places till 1997. In the month of -July 1997, it transpires that he was posted to Group Centre, Yelahanka, Bangalore and he was asked to work there till August 2001. In the month of August 2001, he was posted to various places, namely Srinagar, Assam. Nagaland and ultimately retransferred to Srinagar.

(3.) HE was thereafter placed under suspension by the third Respondent on 12.12.2007 and a preliminary inquiry was also conducted whereby the statement of the Petitioner was recorded. Thereafter, the Petitioner had submitted a leave application on 18.1.2008 and the same was not sanctioned but a letter dated 12.2.2008 was issued refusing to grant the leave and directing the Petitioner to undergo the inquiry which was initiated. The third Respondent thereafter, served Articles of Charge, which are as follows, against the Petitioner. Article -I That the said No. 913096895 CT/GD. J. Sampath Kumar of F/91 Bn CRPF, while functioning as CT/GD (any writer) in F/91 Bn during the period from 05/12/07 to till date committed disobedience of orders/neglect of duty/remissness in the discharge of his duty/other misconduct or behaviour in his capacity as the member of the Force under Section 11(1) of the CRPF. Act, 1949 in that he had unauthorisedly possession of 9 live rounds of 7.62 mm and 15 fired ammunition of AK -47 (empty case) which is prejudicial of discipline of the Force. Article -II That during the aforesaid period and while functioning in the aforesaid office, the said No. 913096895 CT/GD. J. Sampath Kumar of F/91 Bn CRPF, was guilty of disobedience of orders/neglect of duty/remissness in the discharge of his duty/other misconduct in his capacity as a member of the Force under Section 11(1) of the CRPF Act, 1949 that he had unauthorisedly possession of 38 Nos. rubber stamps of various authorities and used for wrongful gain to self/others and misguided the department which is prejudicial of the discipline of the Force and gross misconduct. Article -III That during the aforesaid period and while functioning in the aforesaid office, the said No. 913096895 CT/GD. J, Sampath Kumar of F/91 Bn. CRPF. was guilty of disobedience of orders/neglect of duty/remissness in the discharge of his duty/other misconduct in his capacity as a member of the Force in that he prepared a false medical re -imbursement for take claim in favour of his mother namely Smt. Baby Saroja aged 50 years Rs. 5407 -18 in F/91 Bn on 05/12/2007 by affixing the illegal official seal of Govt. Distt. Hospital and false signature of Govt. medical officer Krishnagiri (Tamil Nadu). Thus he committed an act of gross misconduct in his capacity as a member of the Force which is punishable under Section 11(1) of the CRPF Act 1949. Article -IV That during the aforesaid period and while functioning in the aforesaid office, the said No. 918096895 CT/GD. J. Sampath Kumar of F/91 Bn CRPF, is guilty of disobedience of orders/neglect of duty/remissness in. the discharge of his duty/other misconduct in his capacity as a member of the Force in that he had unauthorized possession of blank pad of various hospitals/Doctors including Govt. hospital, M/s. Krishnagiri Scan Centre, Village Administrative Officers, unsigned service certificate, medical identity card etc and used to submit false medical claims/GPF withdrawal etc as wrongful gain to himself and others. Thus he committed an act of gross misconduct in his capacity as a member of the Force which is punishable under Section 11(1) of the CRPF Act 1949.