BHUBANESHWAR DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This matter was dismissed as in fructuous on 31.01.2002. The matter was mentioned and appeared for hearing. After hearing, the learned Counsel for the parties the order dated 31.01.2002 is recalled and the matter is restored to its original file and number.

(2.) By consent of parties, the matter is taken up for hearing.

(3.) After holding an enquiry into the charges levelled against the petitioner, as contained in Annexure 'E' to this writ petition, the petitioner was removed from service by an order dated 19th Jan., 1993. The punishment of removal was inflicted upon him, in view of his long service, taking a lenient view. This has since been challenged on the ground that section 11 of the Central Reserve Police Force Act, 1949 prescribes punishment, which can be inflicted on account of minor misconduct. It does not contemplate removal from service. It contemplates only removal from any office of distinction. According to the petitioner, the charge that was levelled comes under Sec. 10(n) of the Central Reserve Police Force Act, 1949 and as such the minor punishment as contemplated in Sec. 11(1)(e) of the said Act can be inflicted. But the punishment that has been imposed is, in fact, a punishment for removal from service, which cannot be inflicted under Sec. 11 of the said Act. The reference to Rule 27 of the Central Reserve Police Force Rules, 1955 relates to the procedure to be followed in the proceedings itself. Therefore, the punishment that has been inflicted cannot be sustained.