BIJOY GHOSH Vs. UOI

JUDGEMENT

(1.) THE petitioner, a Deputy Commandant with the Central Reserve Police Force was issued a Memorandum of charge dated 26.11.1999, listing one article of charge as under:-

(2.) THE backdrop facts of the case are that on 4.8.1998, 4 constables of CRPF which included Ct.Raj Pal and Ct.Yogender Singh assaulted the Coy Commander and ransacked the police station Morigaon, Assam. Taking cognizance of the incident the 4 constables were suspended. Pertaining to the acts of arson at the police station, inasmuch public property was destroyed, an FIR was registered at PS Morigaon and the local police was on the lookout for the 4 constables to interrogate them. Deserting the camp, on 10.8.2009 Ct.Raj Pal and Ct.Yoginder Singh got themselves admitted at the Base Hospital III information whereof was sent by the hospital authorities to the detachment headquarters. On 21.8.1998, PS Morigaon sent a communication to the detachment headquarter requiring the 4 constables, which included Ct.Raj Pal and Ct.Yoginder Singh, to be produced or handed over to the local police.

(3.) PETITIONER responded to the Memorandum of Charge by submitting a statement of defence and needless to state he denied the charge.