SRIKANTA SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, being unsuccessful in the Writ Petition No. 237 of 2003, which was dismissed on 24.9.2004 by the learned Single Judge, has approached this Court again by filing this writ appeal.

(2.) We have heard Mr. S. Talapatra, learned senior counsel assisted by Mr. B. Banerjee, learned Counsel for the appellant/writ petitioner and Mr. A. Lodh, learned Assistant SGI for the Union of India/respondents.

(3.) The pleaded case of the appellant is that the he was appointed as a Constable in the Central Reserve Police Force (CRPF) and while he was serving at Amarpur, Thpura, the respondents drew up a departmental proceeding against him and framed three articles of charges against him. The appellant denied the charges and submitted his reply. The authority conducted the departmental enquiry against him as per rules. After completion of the inquiry, the charges framed against the appellant having been found established, the enquiry report with the proceeding was forwarded to the disciplinary authority-respondent No. 4, who in turn asked the appellant to submit his representation, if so desired against the finding of the enquiry office. The appellant filed a written representation before the authority against the inquiry report. However, disciplinary authority accepting the inquiry report, in exercise of power under Section 11(1) of the CRPF Act, 1949 read with Rule 27(a) of the CRPF Rules, 1955 inflicted the penalty of dismissal against the appellant from service vide order dated 19.2.2003. Against the said order, the appellant though filed a departmental appeal, the same also came to be rejected. Challenging the order of dismissal and the proceeding itself, the appellant filed the instant writ petition, which was dismissed by the impugned judgment and order by the learned Single Judge.