SUBHAJIT GUHA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This petition is a complete waste of time and in abuse of process. The petitioner admitted to the more serious charge levelled against him, suffered an order of punishment, did not question the manner in which the admission was obtained from him either in appeal or in review and now seeks to submit in course of moving the petition that he was coerced into admitting his guilt.

(2.) The petitioner spent about eight years in the Central Reserve Police Force and was posted in the naxal-affected Rayagada district in Odisha towards the end of 2011. The petitioner deserted his post on September 4, 2012 and returned on September 23, 2012. After another three weeks or so, the petitioner again deserted his post on October 18, 2012 and returned only on November 5, 2012. On December 14, 2012 the petitioner was found drunk while on duty. A medical examination was conducted on the petitioner after the petitioner had threatened a superior officer with grave consequences, including by cocking his rifle. The medical test found that the petitioner had, indeed, consumed alcohol and he was found not to be in control of himself.

(3.) The two counts of charge that were levelled against the petitioner pertained to his unauthorised absence and the grave act of indiscipline of consuming alcohol on duty and misbehaving with a superior official. The departmental inquiry was conducted upon an inquiry officer being appointed. It does not appear that the petitioner was not afforded any opportunity to present his version in course of the inquiry. It appears from page 37 of the papers appended to the petition, which is the last page of the report on the proceedings before the inquiry officer, that the charge of unauthorised absence was read out to the petitioner and the petitioner was asked, in Hindi, if the petitioner accepted the same. The petitioner's unequivocal answer is recorded as "yes".