SANTHOSH KUMAR T Vs. UNION OF INDIA

JUDGEMENT

(1.) Imposition of punishment of 'removal from service' inflicted upon the appellant, who was a member of the disciplined force like CRPF, is the subject matter of challenge in this Writ Appeal.

(2.) Case of the appellant is that, he was a serving constable of CRPF and while on duty on 16/09/2009 he had to leave the camp without getting permission from the authorities concerned because of some contingencies. Later, the appellant was proceeded against by way of disciplinary proceedings, placing him under suspension as per Ext. P4; followed by Ext. P5 charge - sheet. The appellant participated in the enquiry and the enquiry officer submitted Ext. P7 enquiry report, finding him guilty. After analyzing the materials on record, the disciplinary authority found the appellant guilty and the punishment of 'removal from the service' was imposed on the appellant as per Ext. P8, which was subjected to challenge before the appellate authority. Since the appeal preferred did not turn to be fruitful, the matter was agitated by filing revision, which also did not yield any positive result. This made the appellant to approach this Court by filing the writ petition challenging the orders passed by the Disciplinary, Appellate and Revisional authorities (Exts. P8, P9 and P10 respectively).

(3.) After hearing both the sides, the learned Single Judge of this Court found that there was no case with regard to the violation of principle of natural justice and that the findings rendered by the concerned authorities (disciplinary, appellate and revisional authority) did not warrant interference. The appellant is stated as aggrieved of the said verdict and hence this Writ Appeal; raising many a ground, particularly, with regard to the infringement of the Rule position in conducting the Enquiry and finalization of the proceedings.