PREM CHAND SHARMA Vs. UOI

JUDGEMENT

(1.) VARIOUS grounds to challenge the inquiry held against the petitioner terminating in his being dismissed from service have been raised in the memorandum of the writ petition.

(2.) BUT notwithstanding various grounds urged in the memorandum of the writ petition, learned counsel for the petitioner urges only one point; being that, the impugned order of dismissal from service having been passed by the Deputy inspector General of Police, CRPF, Hyderabad is without jurisdiction and hence is illegal.

(3.) TO make good the point, it is urged that in terms of Rule of the CRPF Rules 1955, the Commandant of the Unit was the disciplinary Authority of the petitioner who was working as a Constable, and hence the penalty could be imposed, if at all, by the Commandant. It is urged that the Service Rules envisage an appeal against the order passed by the commandant before the Deputy Inspector General of Police. In a nutshell, the submission urged is that the appellate authority having usurped the power of the primary authority has resulted in a valuable right of the petitioner being infringed. The other facet of the submission is that the order of dismissal from service has been passed by a person having no authority to do so.