JAGANNATH NAIK Vs. INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of order dtd. 8/2/2017 to the extent respondents have imposed major penalty of stoppage of three increments with cumulative effect w.e.f. 31/1/2006 to 19/2/2017, which period has been directed to be treated as dies non. A direction is sought to the respondents to convert the major penalty of stoppage of three increments with cumulative effect with minor penalty proportionate to his offence and further grant him all consequential benefits regularizing his period from 31/1/2006 to 19/2/2017.

(2.) The petitioner- Jagannath Naik claims to have been enrolled in Central Reserve Police Force (CRPF) on 10/4/1991 as Constable (GD) and served in various units/ battalions with unblemished record. The petitioner further claims to have received a telephonic call from his brother on 19/2/2005 in respect of his mother 's deteriorating mental health and the fact of bringing her to Ranchi for treatment. The petitioner claims to have brought this fact to the notice of his immediate superior and obtained verbal permission to go Ranchi. For this reason, petitioner could not be present during the fall-in at 14.30 hours and also for the evening Roll Call on the said day. Before petitioner could report back to his duty after visiting Ranchi on 19/2/2005, he was illegally apprehended by the Police of Excise Department, Jamshedpur at 20.40 hours at the Highway of Ranchi-Jamshedpur near Kali Mandir, Jamshedpur with alleged 9 cartoons of illicit foreign liquor costing about Rs.56,000.00. Petitioner was sent to judicial custody on 19/2/2005 and a criminal case under Sec. 47(a) of the Excise Act was registered against him. Thereby, petitioner could not report back and present in the unit on 19/2/2005 till 20/9/2005. During this period, the respondents placed the petitioner under suspension and a departmental enquiry was held against him.

(3.) Pursuant to his release on bail, the petitioner claims to have reported to the Unit and participated in the domestic enquiry. On finalization of the enquiry, the Commandant, 106 Bn., RAF vide order dtd. 31/1/2006 imposed the major penalty of 'dismissal from service ' w.e.f. 30/1/2006 upon the petitioner.