POONAM SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has assailed an order dated 17 th April, 1990 whereby she has been removed from service after a departmental enquiry and the appellate order dated 3 rd August 1990 whereby her appeal against the removal order has been dismissed. The petitioner has also sought consequential relief of reinstatement in service with consequential benefits.

(2.) The admitted facts of this case are as under:-

(3.) It is submitted by Mr. K.B. Rohatagi, learned counsel for the petitioner that Section 11(1) of the CRPF Act provides for punishment for misconduct in the capacity of a personnel as a member of the force. The main ground of challenge of the petitioner is that at the time of appearing in the Combined State Service Examination, 1987 on 8 th February, 1988, the petitioner was not acting in her capacity as a member of the force and, therefore, her conduct does not amount to misconduct under Section 11(1) of CRPF Act, 1949. The learned counsel for the petitioner further submits that the appearance of the petitioner in Combined State Service Examination, 1987 has nothing to do with her discharge of duty under CRPF Act, 1949 and, therefore, Section 11(1) cannot be invoked.