RAM GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition the petitioner assails the order dated 26.08.2007 passed by the disciplinary authority removing him from service; order dated 22.12.2007 of the Appellate Authority dismissing the appeal against the same, and the order dated 01.07.2008 passed by the competent authority dismissing the petitioners revision under Rule 29 of the CRPF Rules assailing the prior orders. There is no dispute so far as the material facts giving rise to the present petition or the allegations made against the petitioner, are concerned.

(2.) It is contended by learned counsel for the petitioner that he is confining the challenge in the present petition to the correctness of the punishment awarded to the petitioner by the disciplinary authority as it is disproportionate to the allegations leveled against him. A submission is also made that the document being in the nature of the medical certificate of the petitioners mother, has not been considered by either the disciplinary authority or the higher authorities before whom the appeal and revisions had been filed.

(3.) So far as the factual matrix is concerned, it is undisputed that the petitioner was enrolled as a Constable with the CRPF on 23.07.2004 pursuant to the orders dated 23.07.2004 and 12.08.2005. On 11.10.2006, the petitioner alongwith HC/GD Sanjeev Kumar was detailed for collection of new Maruti Gypsy allotted to the battalion vide IPG Provisioning Directorate Signal dated 31.08.2006 which mandated that the Maruti Gypsy would be collected by all units from the Group Centre Gurgaon for use during the 67th CRPF Anniversary celebrations. For this reason apart from the HC/GD Sanjeev Kumar and the petitioner, one constable-cum-driver Ashok Kumar was detailed for collection of the vehicle. They were dispatched for this purpose on 30.09.2006 from the battalion duly equipped with arms and the requisite authority letter. HC/GD Sanjeev Kumar was armed with a Carbine Butt No. 53 Body No. 9902, two magazines, 35 live rounds of Carts SA Ball 9 mm. apart from the money and the documents. The petitioner was armed with a 7.62 Butt No. 56, Body No. 8652, 3 magazines and 60 numbers of 7.62 mm live rounds of 7.62 mm. Constable/Driver Ashok Kumar was carrying the authority letter for collecting of the vehicle.