BALAKRISHNAN GIRI Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel Shri G. Ramakrishnan for the petitioner and learned Assistant Solicitor General Shri Harin P. Raval for the respondents. The petitioner was serving as a Constable Fitter in the Central Reserve Police Force (for short, ?SCRPF??). He was promoted as Head Constable Fitter in June 2003. He had put in 14 years of service. For an incident dated 03 -09 -2004 of slapping a person without any rhyme or reason, he was punished with the order dated 17 -08 -2005 of Compulsory Retirement from service. Appeal filed against that order of penalty was also dismissed.

(2.) INITIALLY , under some wrong advice, he approached Central Administrative Tribunal which had no jurisdiction. Therefore, his application was disposed of on 03 -10 -2006 by the learned Tribunal only on the ground of jurisdiction. Thereafter, he approached this Court by way of this petition.

(3.) IMPUGNED order dated 17 -08 -2005 (Annexure -A to the petition) clearly shows that the petitioner admitted his guilt. However, he pleaded mercy on humanitarian ground. Considering the fact that the petitioner was serving in a disciplined Armed Force and considering his long service of 14 years, the Disciplinary Authority i.e. Commandant took a lenient view and imposed penalty of Compulsory Retirement from service wef 17 -08 -2005 with all admissible pensionary benefits as prescribed under Rule 40 of CCS (Pension) Rules, 1972. This is challenged in this writ petition.