SUVENDU KUMAR MOHANTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition challenges the order dated 18.3.2006 passed by opposite party no.4 at Annexure-9, imposing the punishment of removal from service in a disciplinary proceeding initiated against him vide Annexure-5 and prayed for quashing the same and also direct the opposite parties to reinstate him in service with back wages .

(2.) Facts relevant for disposal of the writ petition are as follows:-

(3.) The opposite parties in their counter to the averments made in the writ petition denied the fact that action taken against the writ petitioner suffers from the vice of violation of the principles of natural justice, an outcome of non-application of mind on the part of the Enquiry Officer and the punishment imposed by the Disciplinary Authority to be disproportionate, inasmuch as the petitioner was given due chance of hearing and after going through the material on record, the Enquiry Officer found him guilty of the charges by a reasoned order, which was accepted by the Disciplinary Authority, so also the misconduct being serious, as the petitioner was a member of the discipline force, punishment of removal of service can never be deemed as disproportionate. Hence, the writ petition is devoid of merit. Furthermore it has also been averred that a speedy and efficacious remedy being available against the order of the Disciplinary Authority, inasmuch as the Rules framed under Central Reserve Police Force Act (fort short "CRPF Act") provides for an appeal against such order at the instance of the petitioner, the writ petition is not maintainable.