K BASKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.

(2.) THE petitioner has stated that he had joined duty as a C.R.P.F. personnel at Avadi. Subsequently, he was posted at the Airport at Agarthala, Thirupura. A Departmental enquiry had been ordered against the petitioner, as he was charged with an act of disobedience of an order, under Section 11(1) of the Central Reserve Police Force Act, 1949. It was alleged that the petitioner, on 11.3.1999, had consumed liquor outside the line, despite the clear order that no one is to leave the camp without the prior permission of his superior officers, who were the competent authorities to grant such a permission. THE second charge against the petitioner is that he had committed an act of misconduct in his capacity as a member of the force, under Section 11(1) of the Central Reserve Police Force Act, 1949. It was alleged that he had abused and assaulted his Officer Commandant, S.M.Jogindar Singh, without any provocation. THE petitioner had denied both the charges.

(3.) IN the counter affidavit filed on behalf of the respondent, the allegations made by the petitioner have been denied. It has been stated that, on 11.8.1999, the petitioner, who was working as a Security-Aid of officiating Officer Commandant, S.M.Jogindar Singh, went out of the Coy line after the evening roll call without the permission of the competent authority and he had consumed country liquor. This is the misconduct on the part of the petitioner and therefore, a charge had been framed against him.