P SINGAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a matter referred by a learned single Judge of this Court through his order dated 23-1-2003 to clarify on the point whether Section 11 of the Central Reserve Police Force Act, 1949 ('the Act' for brevity) deals with the penalty of dismissal from service and empowers the concerned authorities to impose the punishment of dismissal by invoking the powers under Section 11 (1) of the Act.

(2.) This writ petition is filed by a Constable in the Central Reserve Police Force ('CRPF') who was imposed a punishment of dismissal from service. A departmental enquiry under Section 11 (1) of the Act was conducted against him alleging that he committed an act of misconduct and disobedience of the orders in his capacity as a member of the Force by way of overstaying from 19-4-1997 indefinitely, after applying for one day casual leave on 18-4-1997 without prior permission or sanction from the competent authority. The 3rd respondent (disciplinary authority) passed an order on 7-4-1998 holding that the charge framed against him has been proved. Therefore, on 16-4-1999 the 2nd respondent by virtue of the powers vested in him under Rule 27 of the Central Reserve Police Force Rules, 1955 ('the Rules' for brevity) dismissed the writ petitioner from service w.e.f. 7-4-1998.

(3.) The writ petitioner being aggrieved by the order of the 3rd respondent filed the writ petition praying to issue a writ in the nature of Mandamus declaring the orders of the 3rd respondent and 2nd respondent dated 7-4-1998 and 16-4-1999 respectively as illegal, arbitrary and violative of Article 311 of the Constitution of India.