SOHAR RANJAN PATTNAIK Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the impugned order passed by the Dy. Inspector General (COMNS) confirming the order dated 22.10.2002 passed by the ADIGP. GC. CRPF, Bhubaneswar dismissing the petitioner from service.

(2.) THE brief facts of the case are that the petitioner was working as a Head Constable/Radio Operator in Group Centre CRPF under -the administrative control of the Deputy Inspector General (Communication) C.G.O. Complex, Lodhi Road, New Delhi. There was allegation against him that while functioning as Head Constable/ Radio Operator in Group Centre CRPF, Bhubaneswar under the administrative control of Addl. DIGP, G.C., Bhubaneswar, he had committed an act of grave misconduct in his capacity as a member of the Force as per the provisions of Section 11(1) of CRPF Act, 1949. The alleged misconduct was that on 11.8.1999 the petitioner had assaulted a Constable, namely, Gajendra Chatri of G.C., C.R.P.F., Bhubaneswar and had caused grievous injuries on his person. The petitioner was suspended from service on 12.8.1998 and a preliminary enquiry was conducted against him. On the basis of the report submitted by the Enquiry Officer on preliminary enquiry, a Departmental Enquiry was ordered and one R.R. Sinha, Deputy Commandant was appointed as the Enquiry Officer in connection with assault on Constable' Gajendra Chatri, who had reported the matterto the Addl. DIGP G.C. CRPF on 18.4.2000. But, it is alleged that on 11.12.2000 when Shri R. R. Sinha had been to market on his own scooter, the petitioner who was under suspension managed to go outside the campus and assaulted Shri Sinha. The petitioner also used force and dealt fist blows on Shri Sinha saying that he would kill him and so saying he brought out a dagger. In the meantime, a civil police constable reached the spot and the petitioner fled away. Shri Sinha lodged a report at the Nayapalli P.S., which was registered as Case No. 272 (9) of 2000 of that P.S. Thereafter further charges were framed against the petitioner. In the meantime, the petitioner filed a Writ Petition before this Court, vide OJC No. 12179 of 1999, in which an interim order was passed by this Court in Misc. Case No. 4418 of 2000 to the effect that no final decision would be taken on the disciplinary proceeding. Therefore, final decision was not taken in respect of that enquiry. Then a subsequent enquiry was held on 21.9.2001 in respect of alleged assault on Shri Sinha by the petitioner as aforesaid in which the petitioner pleaded not guilty. The Enquiry Officer fixed a date of hearing but the petitioner did not appear before the Enquiry Officer that day with the plea that he was not provided with defence assistance to defend his case. The petitioner was then informed that as per the provision contained in Rule 27 of the CRPF Rules, he was not entitled to defence assistance and the Enquiry Officer fixed the hearing to another date. Subsequently also, the petitioner did not appear before the Enquiry Officer. Due to non -cooperation of the petitioner in the enquiry, the Enquiry Officer conducted the departmental enquiry ex parte. The petitioner did not submit any oral or documentary evidence in support of his defence. The Enquiry Officer closed the proceedings and submitted his report to the Disciplinary Authority on 21.5,2002 holding that all the charges against the petitioner were proved. Thereafter, the impugned order of his dismissal from service was passed. The petitioner preferred an appeal but the aforesaid order of the disciplinary authority was confirmed by the appellate authority.

(3.) WE have perused copies of the documents annexed to the writ petition. It is to be noticed that the Addl. DIGP vide his order No. P. VIII -3/2001 - GCB - Est. dated 6th October, 2001 informed the petitioner that as per the existing CRPF Act and Rules he was not entitled/eligible for defence assistance. The said letter is reproduced hereunder: OFFICE OF THE ADDL. DIGP GROUP CENTRE CRPF BHUBANESWAR -II. No. P. VIII -3/2001 -GCB -Estt -II - - - - Dated, 6th October 2001. To No. 891260932 KC/RO S.R. Pattnaik, Vill: Balapara, PO: Jodumit, PS: Baramba, Dist : Cuttack, Orissa. Subject : REPRESENTATION AGAINST MEMORANDUM OF CHARGES. Please refer to your applications dated 13.8.2001, 24.9.2001 and this office letter even number dated 30.8.2001. 2. As per existing CRPF Act and Rules, you are not entitled/ eligible for defence assistance. In view of the above, you are hereby directed to co -operate with Enquiry Officer for completion of Departmental Enquiry, which is ordered to be conducted against you. If you have not co -operated, the enquiry will be held ex parte. Sd - Addl. DIGP GCCR PF, Bhubaneswar Therefore, it is a fact that the petitioner has been denied defence assistance.