NANKKU KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking for quashing of the order of dismissal from service of the petitioner w.e.f. 3.7.1992 passed by the Commandant, 38 Bn. CRPF Under section 12(1) of Central Reserve Police Force Act, 1949 as also the orders dated 22.4.1993 and 16.8.1993 passed by the Appellate and Revisi,onal Authorities.

(2.) The petitioner while serving in the Central Reserve Police Force was unauthorisedly absent from duties. Allegation against him was that he left the line/ camp on 20.6.1992 without leave/permission of the Competent Authority and deserted from the line and consequently committed an act of misconduct which was prejudicial to the good order and discipline of the Force as envisaged in section 9( f) and 10(p) of the CRPF 'Act, 1949. In the light, of the aforesaid allegation a criminal case was instituted against the petitioner and he was taken into custody on 28.6.1992 and remained in custody till 9.7.1992. A trial was conducted against the petitioner by the Judicial Magistrate 1st Class and Deputy Commandant, 38 Bn CRPF and on closure of the trial found the petitioner guilty of the said charges under section 9(f) read with section 10(p) of the CRPF Act and he was convicted and sentenced to undergo simple imprisonment till rising of the court on 3.7.1992.

(3.) Consequent to the aforesaid order of conviction and sentence the Commandant of the Battalion of the respondent passed an order dated 3.7.1992 dismissing the petitioner from service under section 12(1) of the CRPF Act and his name was struck out from the strength of the Force.