N K DALIP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled as Constable on 2.1.1996 (sic. 2.1.1976) in Central Reserve Police Force (hereinafter referred to as "C.R.P.F."). As a result of the findings of the departmental inquiry on 7 separate charges framed against the petitioner, he was dismissed from service w.e.f. 31.7.1982 by order (Annexure-P-16) passed by the Commandant, 60th Bn. C.R.P.F., Rajbagh, Srinagar (J&K). Feeling aggrieved,the petitioner approached Jammu and Kashmir High Court. Learned Single Judge allowed the petitioner's Writ Petition No. 382/82, titled as Dalip Singh v. Commandant, 60 Bn. C.R.P.F. and Others through his judgment (Annexure-P.8) on 26.7.1995 on the ground that the petitioner had neither been supplied with the copy of the inquiry report, nor was called upon to show cause against the proposed punishment. Decision of learned Single Judge (Annexure- P.8) was challenged by the respondents in appeal (L.P.A. 50/85). Division Bench of Jammu and Kashmir High Court through its judgment (Annexure-P-9) modified the order of learned Single Judge in so far as it had quashed the whole proceedings culminating in awarding of punishment to the petitioner. While confirming the judgment of learned Single Judge in so far as it quashed the order of termination, liberty was reserved to the respondents to proceed against the petitioner after supplying to him copy of the inquiry report and in serving upon him a show cause notice against the proposed punishment, before passing any final order, in terms of Article 311(2) of the Constitution of India.

(2.) After the petitioner was duly served with a copy of the inquiry report and show cause notice against the proposed punishment and after considering the reply (Annexure-P-4) to show cause notice, fresh order (Annexure-P.1) was passed by the Commandant 60th Bn.C.R.P.F. Nowgong, Assam on 27.2.1987.

(3.) The earlier order of dismissal from service was now changed to that of removal from service under Section 11(1) of the Central Reserve Police Force Act read with Rule 27 of the CRPF Rules, 1955 and making it clear that punishment will not render the petitioner unsuitable for further service in any other department.