UNION OF INDIA Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE respondent was employed as a driver in the Central Reserve Police Force (CRPF). In the year, 1998, he worked in various centres in Warangal District. He was placed under suspension through order dated 02 -09 -2003 by the disciplinary authority i.e., the 3rd appellant. A charge sheet was served upon him alleging 'that he assaulted the Assistant Commandant of the unit at 6.30 AM on 20 -08 -2003 and another driver by name R.S. Reddy at 6.45 A.M. A Court of inquiry was conducted and the charges framed against the respondent were held proved. The 3rd appellant passed an order dated 09 -03 -2004 dismissing the respondent from service. Departmental appeal preferred to the 2nd appellant was rejected on 01 -07 -2004. Thereupon, the respondent filed Writ Petition No. 12381 of 2005 challenging the order of dismissal.

(2.) THE respondent pleaded that the Assistant Commandant by name Chandra Sekhar has been harassing him even on the smallest protest and since he raised some protest on certain occasions, the case was foisted against him. He stated that on 20 -08 -2003, he was put in a lockup as a measure of quarter guard, till 9.00 AM and the question of his attacking the Assistant Commandant or the other driver, does not arise. He submitted that though there was no evidence, the charges were held proved and the severe punishment was imposed.

(3.) THE learned single Judge allowed the writ petition and has set aside the order of dismissal. Direction was issued for reinstatement of the respondent with continuity of service and attendant benefits. It was however observed that the order in the writ petition does not preclude the appellants herein from proceeding against the respondent for his other misconducts. The said order is challenged in this writ appeal.