KARAM SINGH Vs. UNION OF INDIA & ORS.

JUDGEMENT

(1.) The petitioner, a Cook in the Central Reserve Police Force (CRPF), has challenged the order of punishment, of his dismissal from service on the charges that he had consumed liquor during active duty hours on 18th December, 2000, he disobeyed the lawful order of his Company Commander and also refused to work in the cook house, argued and abused the mess staff and used un -parliamentary language with the Company Commander. It was also alleged that the petitioner further refused to obey the orders of the pack drill of Company Commander and behaved uncouthly with the DC (Ops/Adjt) by exhibiting aggressiveness and using un -parliamentary language with him.

(2.) Relevant facts to comprehend the controversies between the parties are that the petitioner had joined the Central Reserve Police Force (CRPF) as a Cook on 9th April, 1988 and was initially posted to 88 Bn. CRPF at Group Centre Jhadoda, Kalan, New Delhi. The petitioner was later on attached to 72 Bn. CRPF which was posted at Manipur and thereafter at Kokrajhar in Assam. He was subsequently shifted to 127 Bn. and posted at Chandigarh and ultimately posted at Srinagar (J&K).

(3.) According to the petitioner, while he was posted at Srinagar, on 18th December, 2000, due to the extremely adverse weather conditions and the nature of his duties requiring the use of cold water in order to wash the dirty dishes, while on active duty the petitioner consumed liquor and allegedly at about 9:30 AM he disobeyed the lawful order of his Company Commander, refused to work in the cook house, and used un -parliamentary language with Company Commander and refused to obey the order of the pack drill and used un -parliamentary language with the DC (Ops/Adjt) entailing issuance of charge sheet dated 6th January, 2001. The three charges framed against the petitioner are as under: -