GULAB CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Shri Krishna Ji Khare, learned counsel for the petitioner and Shri Tej Prakash for the respondents.

(2.) By means of this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 14.12.1995 passed by respondent no. 4 awarding major penalty of dismissal from service as well as orders dated 28.06.1996 and 13.01.1997 dismissing the appeal and revision filed against the punishment order.

(3.) Facts are that the petitioner was recruited and appointed as Constable in Central Reserve Police Force (hereinafter referred to as C. R. P. F. ) and after training, he was posted in 8th Batallion. At the relevant time, he was posted in Mokokchung (Nagaland) and was assigned duty to collect store articles from Jorahat, Asam. On 05.02.1994, after collecting the store articles, the petitioner loaded them into a convoy of trucks of which he was a part. While the convoy was coming back to Mokokchung (Nagaland) with the loaded store articles, a raid was conducted by Board of Officers in M. T. Park in the morning on 06.02.1994 and large quantity of Indian made foreign liquor was recovered from the possession of 19 C. R. P. F. personnels of convoy including the petitioner. On the same day, i. e. , 06.02.1994, the petitioner was placed under suspension in contemplation of a departmental inquiry. Three persons were exonerated from the charges on the basis of preliminary inquiry. Departmental inquiry of 14 persons including the petitioner was started and with respect to other two personnels, namely, Ram Kishan Singh and Nand Ram, it was conducted separately. The petitioner was served with a charge sheet dated 10.11.1994. Inquiry Officer after conducting the inquiry, submitted his report dated 18.09.1995 to the Commandant, 62 Battalion, C. R. P. F. , who issued a letter dated 04.11.1995 requiring the petitioner and others to submit reply within 15 days. After considering the reply, two persons, namely, Vijay Shankar and Badal Pal were inflicted with minor punishment of 28 days confinement to Quarter guard with forfeiture of pay and allowance and punishment drill of 2 hours daily while remaining 12 persons including the petitioner were punished with major penalty of dismissal from service. Petitioner went up in appeal before the appellate authority, which was dismissed vide order dated 28.06.1996. He approached this Court by filing Writ Petition No. 31696 of 1996, which was dismissed on the ground of alternative remedy of revision available to him. Petitioner filed a revision before the respondent no. 2, which was also dismissed vide order dated 13.01.1997. Aggrieved, the petitioner has approached this Court.