UNION OF INDIA AND ORS. Vs. BRIJESH KUMAR

JUDGEMENT

(1.) The learned Single Judge has allowed the writ petition filed by the respondent and set aside an order by which he was dismissed from the Central Reserve Police Force1 and an appellate and revisional order confirming the penalty.

(2.) The Union of India is in appeal.

(3.) The respondent was a constable in the Central Reserve Police Force. On 4 August 1998 an incident took place at B/8 Battalion at Morigaon (Assam) in which a few constables attempted to assault Officer Commanding 'B' Company Rakesh Rao. It was alleged that the respondent had attempted to spread a false alarm in the Company line to the effect that the Officer Commanding had assaulted his men. Use of provocative language by the respondent is alleged to have instigated the Company personnel more particularly four of them - Love Kumar, Yogender Singh, Rajpal Singh and Mukesh Kumar who advanced towards the residence of the Officer Commanding. By an order dated 6 August 1998, a minor penalty was imposed by the Officer Commanding on the respondent of thirty days' confinement to lines with forfeiture of all pay and allowances with pack drill for two hours in the morning and two hours in the evening. This punishment was imposed under Section 11 of the Central Reserve Police Force Act, 19492.