SITARAM MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to an assignment made by the Hon'ble Chief Justice this matter has been posted for hearing before us.

(2.) Since Girish Chandra Gupta, J. by His Lordship's Order dated 27.02.2004 could not agree with the ratio of the decision passed by D.K.Seth, J. in Bhubaneshwar Das v. The Union of India and Others in C.O. No. 3628(W) of 1993 dated 07.02.2002. His Lordship referred the matter before a Division Bench by way of formulating the folJowing question :- "Can a delinquent be dismissed from service when he has been charged under Section 11 of the C.R.P.F. of 1949 ?"

(3.) It is thereupon we have been asked to answer the said question formulated by our Esteemed Learned Brother.