EX CONSTABLE SHIV CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner challenges his dismissal pursuant to an enquiry held by his employer, the Central Reserve Police Force ("CRPF"), in respect of an alleged misconduct which occurred sometime in the end of January, 2000. The Petitioner joined the service of the CRPF in 1990.

(2.) The Respondent CRPF served Articles of Charges which levelled three allegations. The relevant extract of the Memorandum of Charges containing the Articles of Charges dated 19.5.2000 is extracted below:

(3.) The Petitioner entered the plea of not guilty. Subsequently, a departmental enquiry was held by Mr. Manoj Dubey who was appointed as enquiry officer by the disciplinary authority. After recording the evidence of the witnesses and consequent submissions of the parties, including defence of the Petitioner, the inquiry officer in his report held the Petitioner guilty in respect of the second and third charges. As regards the more serious charge of the Petitioner having indulged in the misconduct of assaulting a third party and robbing him of Rs.20,000/-, the inquiry officer was of the opinion that the charges had not been proved.