K.L. SHARMA Vs. UOI

JUDGEMENT

(1.) THE petitioner in this proceeding, under Article 226 of the Constitution of India challenges and seeks quashing of the order dated 5.9.1997 issued by the second respondent, i.e., Central Reserve Police Force (CRPF) removing him from its service.

(2.) THE brief facts are that the petitioner joined the services of CRPF on 6.1.1971 as a Constable/Sepoy; he was promoted later on 4.11.1985 to the post of Lance Naik and later on 15.3.1988 as Naik. He was promoted yet again on 24.11.1991 as Head Constable.

(3.) IT is argued by the petitioner that the impugned order is predominantly based upon his involvement in the crime. However, argues his counsel, by the judgment and order dated 28.6.2000, the Criminal Court, i.e., the Second Additional Judge, Jammu acquitted him of the charges. It is emphasized that the Court was impressed by the fact that the prosecutrix did not mention about the involvement of the petitioner, nor even detailed his alleged involvement in the first statement made to the police. Learned counsel argued that having regard to these circumstances, the respondents ought to have considered his appeal and set aside the order of removal and reinstate him in the service.