CHAND SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners were working in different capacities in the Central Reserve Police Force (C.R.P.F.) at various stations by July, 1994. A startling development has taken place on 22/7/2004. An order purporting to transfer as many as 12 members of the CRPF including the petitioners, has emanated from the Office of the Director General of Police, CRPF, New Delhi, respondent No. 1 herein. Except petitioner Nos.3 to 7, rest of them were transferred to the Group Centre of C.R.P.F. at Hyderabad. Some of them joined at the places to which they were transferred. However, hardly within one month, it emerged that the order of transfer was a fake one. An enquiry was conducted immediately and it was found that three persons transferred under the said order have resorted to objectionable means and procured the same. While one of them, by name P. Prasad, was dismissed from service, other two i.e. Jaibir Singh and Mohd. Sabir, were permitted to take voluntary retirement.

(2.) IN the year 2009, the petitioners were served with charge-sheets alleging that they have committed acts of misconduct and misbehaviour as defined under Section 11(1) of the CRPF Act, by colluding with one and other and brought into existence, a fake order of transfer. It was also alleged that they have adopted illegal methods by offering bribe or resorted to other malpractices or unfair means. A charge-sheet was served against the petitioners and one Sri D. Hari Krishna.

(3.) THE petitioners were reinstated into service. Respondent No.4 addressed a letter, dated 14.5.2010, together with disagreement report, to the petitioners, giving them 15 days of time, to submit their defence. THE petitioners submitted their explanation/defence on 27.5.2010. This time, respondent No.4 imposed the punishment of removal from service upon the petitioners by himself, through proceedings, dated 30.6.2010. Hence, this writ petition.