LAWS(DLH)-2015-8-667

RAM NARESH SHARMA Vs. UNION OF INDIA

Decided On August 26, 2015
RAM NARESH SHARMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner joined the CRPF as Constable in the year 1991 and subsequently promoted to the post of Head Constable. He was posted on the duties of Guard Commander at SAF Headquarters, New Delhi with effect from 14.04.2011. On 28.06.2011, he was performing Guard Commander duty at SAF Headquarter from 2000 hours till 0800 hours and during this period, he left the said post without permission of the Competent Authority. Also on 07.07.2011, he sought personal interview of the DIGP, Cobra Headquarters, New Delhi, without proper intimation/permission of his Unit Commandant. A chargesheet dated 10.08.2011 was issued to him for violation of Section 9(i) and Section 10(n) of CRPF Act, 1949. An Enquiry Officer was appointed and an enquiry was duly conducted. The petitioner had participated in the enquiry proceedings. The prescribed procedure of rule and law was duly followed and the petitioner was heard and given opportunity to defend his case. The petitioner had duly cross-examined the witnesses. He was also given opportunity to produce defence witnesses. The proceedings of the enquiry report was also sent at the home address of the petitioner vide letter dated 04.02.2012 in terms of para 7(A) GOI Instructions of Rule 15 of CCS (CCA) Rules, 1965 . The petitioner was also afforded an opportunity to make any representation or produce any witness or any documentary proof in his defence or to appear in person before the Disciplinary Authority. Necessity to send the enquiry report by post arose since the petitioner, during the pendency of the enquiry, had allegedly on 05.01.2012 at about 20.25 hours, while performing duties at the Second Guard Commander at Unit Quarter Guard, indiscriminately fired few rounds from his service weapon from the roof top of Quarter Guard under the influence of illicit liquor for which he was placed under suspension with effect from 05.01.2012 and an FIR No.11/2012 dated 05.01.2012 was also registered at PS Narela, Delhi. The petitioner, thereafter, was dismissed from service vide order dated 23.02.2012. The petitioner submitted an appeal to the DIG, Range Office, CRPF Imphal (Manipur) being Appellate Authority. The said appeal was dismissed vide order dated 27.06.2012. The petitioner also preferred a Revision Petition and the said Revision Petition was also dismissed vide order dated 15.12.2012. The petitioner in the enquiry had pleaded guilty to the charge of directly seeking interview without seeking permission/intimation of Commandant (violation of Section 10(n) of CRPF Act) and as regard the charge of remaining absence from duty was concerned, he had admitted during enquiry that he had gone to his house for 1 1/2 hours.

(2.) The petitioner's case is that the penalty of dismissal from service is disproportionate to the misconduct. It is further submitted that his unblemished meritorious record of 21 years of service was not considered. He had earned about 25 awards and medals during his tenure of 21 years of service. It is further submitted that he was not given the proper opportunity to explain the circumstances under which he had to leave the post.

(3.) The contention of the respondents is that the petitioner had pleaded guilty of the charges framed against him. It is further argued that it is not that the petitioner had only left the sensitive platoon post of SAF Headquarters, New Delhi, unattended, but had also failed to follow the chain of command which is considered gross indiscipline and such type of act on the part of personnel of the disciplined force requires to be dealt sternly.