DHARAMVIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was working as a Constable was deputed by the Office on Morcha No. 4, D.G. Office, C.R.P.F. Headquarters on November 21, 1995 from 6.00 p.m. to 9. 00.p.m. According to the petitioner, Hawaldar Rajinder Singh, who was not a Guard Commander and was intoxicated at the relevant time, came there in civil dress and asked the petitioner why he had not given up his charge. The petitioner replied that the guard to whom the charge was to be given had not come and unless and until the new guard come, he could not leave the Morcha. At this, Constable Rajinder Singh, respondent No. 4 , lost his temper and started abusing the petitioner. The petitioner requested him to report the matter to the higher authorities and return back to his home, as the said respondent No. 4 was under the influence of liquor and could not even stand properly. But the respondent No. 4 became more violent and started hurling abuses and used unparliamentary language against the petitioner. Meanwhile, the guard Altaf Mujawar, to whom the charge was to be handed over, came there and the petitioner after handing over the charge to him came back to his hut. It is stated by the petitioner that the said respondent No. 4 chased the petitioner to his hut, pulled him by the collar and started assaulting and abusing him. During the scuffle, the respondent No. 4 lost his balance and fell on the ground and to avoid any further attack on himself, the petitioner tied up respondent No. 4. In the meanwhile, the other jawans and officers came to the spot to whom the petitioner narrated the whole incident and requested them to get respondent No. 4 medically examined as he was in an inebriated state. It is submitted by the petitioner that he was given assurance that action would be taken against respondent No. 4 after which he returned to his hut.

(2.) On 22.11.1995, the petitioner was summoned to the Office of the Commandant where he received an office order dated 22.11.1995 suspending him from the service w.e.f. 21.11.1995. It is further submitted that on 22.12.1995 the petitioner was given Memorandum whereby false and frivolous allegations of misconduct and disobedience were raised against the petitioner and in the statement of articles of charges, it was stated that the petitioner had assaulted respondent No. 4 as a result of which his right elbow and left cheek were injured and it was further stated in the statement of imputation that the petitioner had threatened the respondent No. 4 with dire consequences. An enquiry was held and vide order dated 30.7.1996, the petitioner was dismissed from the services of the Force. A copy of the said order is annexed to the petition as Annexure P-22. The petitioner preferred an appeal to the DIG, C.R.P.F., Ajmer, Rajasthan against the said order which was dismissed. Thereafter, the petitioner preferred a revision petition against the said order but the same was also dismissed.

(3.) A counter affidavit was filed on behalf of the respondents wherein it has been stated that the petitioner is guilty of serious indiscipline as he had assaulted his senior. It is stated that he was provided full opportunity to defend himself and upon proof of charges he was punished in accordance with law. According to the respondents, the facts are as under:-