B.P. SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was appointed as Constable with the CRPF on 28th July, 1963. The petitioner during his tenure of service is stated to have spent about 14 years in the North Eastern States of Nagaland and Manipur. The trouble for the petitioner began when he was suspended on 12th December, 1978 under Rule 10(1) of the CCS(CCA) Rules, 1965 (hereinafter referred to as the "said CCS Rules") pending disciplinary action under Section 11(1) of the CRPF Act, 1949 (hereinafter referred to as the said Act). The disciplinary proceedings culminated in an order of dismissal of service of the petitioner dated 21st March, 1979. The appeal preferred by the petitioner before the competent authorities was dismissed on 30th May, 1979. The petitioner thereafter filed the present petition. The petitioner's case has unfortunately been pending for disposal since a long period of time. It has only now come up for final disposal.

(2.) THE charge against the petitioner is that he refused to accept the movement order dated 9th December, 1978 to move to a platoon of the CRPF at Tezu and thus committed an act of disobedience in the said process.

(3.) WE have put it to learned senior counsel for the petitioner that his submissions must confine to parameters of judicial scrutiny of such a findings of the enquiry report and thus learned Counsel fairly conscentrated only on two aspects to point out procedural infirmities in the proceedings which would require the proceedings to be set at naught.