LAWS(CAL)-2012-1-45

BHIM JADAV Vs. UNION OF INDIA

Decided On January 18, 2012
BHIM JADAV Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner has assailed the order of removal passed by the Additional Inspector General of Police CRPF, Durgapur on 7.4.1999 which was affirmed in departmental appeal. The petitioner was appointed as constable in the Central Reserve Police Force on 22.9.1997 and was posted in the office of the Additional Deputy Inspector General, Group Central Reserve Police Force Rampur. At the time of appointment, in the verification roll the petitioner stated that there is no criminal case pending against him. After coming to know that there was a criminal case pending against the petitioner which has been suppressed in the said verification roll. Subsequently the mandamus of charges containing the statement of article of charge, mutation of misconduct, list of documents and the list of witnesses were served upon the petitioner. An enquiry officer was also appointed for the purpose of making enquiry as to the charges framed against the petitioner. The enquiry authority after completion of the enquiry submitted the enquiry report wherein the petitioner was found guilty of the suppression of fact relating to the pendency of the criminal case at the time of appointment. The disciplinary authority also found the petitioner being guilty of misconduct by suppressing the factum of criminal case in the verification roll and inflicted the punishment of removal from service. The appellate authority also did not find any ground for interference in the order of the disciplinary authority and ultimately dismissed the said appeal.

(2.) Initially the petitioner challenged the aforesaid orders before the high court at Allahabad in writ jurisdiction which was allowed by the Single Bench but subsequently the Division Bench set aside the said order for want of territorial jurisdiction.

(3.) By filing the instant writ petition the petitioner has assailed the order of the disciplinary authority which stood affirmed by the appellate authority before this court.