HARI PRAKASH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner is aggrieved by a penalty of removal from service imposed upon him by the Rapid Action Force ("RAF"). This was preceded by an enquiry initiated by the RAF.

(2.) The petitioner was working as Constable (GD) in 108th Battalion in Meerut; on 14.01.2013, the RAF issued an articles of charge, broadly concerning three incidents between 15.11.2012 and 17.11.2012 during which it was alleged that he made calls to three senior officers and threatened to kill them, from mobile no.8273668466. The incident was widely published in newspapers on 21.11.2012. The RAF alleged that this resulted in bringing the force into disrepute. The second charge was a minor one, i.e., that despite being asked to remain on bed rest (Attend."C") between the period 16.11.2012 and 18.11.2012 he went out of the premises where the 108 Battalion, Meerut is housed. The third allegation was that he was negligent in his duties and had disobeyed his superiors on two different occasions earlier.

(3.) The first charge leveled was the most serious as it pertained to three unconnected phone calls received by one Commandant and two Dy. Commandants of the RAF. Two of them, i.e., Dy. Commandant Ms. Neelam Bonthial (PW-2) and Dy. Commandant Mr. Arun Kumar Singh (PW-3) deposed in favour of the RAF and their allegations.