BRIJESH KUMAR Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking quashing of the chargesheet dated 18.09.1999, the order of dismissal from service dated 15.09.1999, the order dated 07.12.1999 passed in departmental appeal by which the appeal has been rejected and the order dated 16.05.2000 by which his revision against the appellate order has also been rejected.

(2.) Briefly stated the facts of the case are that the petitioner was working in the Central Reserve Police Force as constable. On 04.08.1998. An incident occurred in which some police personnel are reported to have misbehaved with one Sri Rakesh Rao, Assistant Commandant and the Officer Commanding Battalion Company (O.C.B.Coy) at about 21.30 hours. The petitioner was on patrolling duty of his Company which was under the command of Head Constable-Udai Veer Singh. On 06.08.1998 the petitioner was awarded punishment of 30 days confinement to the lines with forfeiture of all pay and allowances with pack drill for two hours in the morning and two hours in the evening, daily for 30 days under Section 11 (3) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act, 1949). No enquiry was held although the petitioner had denied the charges.

(3.) The charges against the petitioner was that he had instigated the Company Personnel to assault the Company Commander.