DILIP KUMAR BISWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Deb. learned Counsel appearing for the petitioner. Also heard Mr. A. Lodh, learned Asstt. S.G., who represents the respondents. The petitioner, who served as a Constable in the 9th Battalion of the CRPF. challenges the order dated 16.1.1998, whereby the punishment of dismissal from service has been inflicted on him by the Commandants. The appellants order or the DIGP. CRPF. who rejected his appeal as the appellate authority, is also put to challenge in the present proceeding.

(2.) A disciplinary proceeding was drawn up with the suspension of the petitioner on 21.8.1997 on the following two charges :

(3.) The 2nd Commandant Officer of the 9th Battalion CRPF, Sri R.L Meena was appointed to enquire into the charges levelled against the delinquent constable. On conclusion of the enquiry and the charges having been proved, a report was sent by the enquiry officer to the Disciplinary Authority. On considering the enquiry report as also the explanation furnished by the delinquent in respect of the enquiry report by the impugned order, passed under the provisions of section 11 of the Central Reserve Police Force Act. 1949 (hereinafter referred to as 'the( CRPF Act') read with Rule 27 of the Central Reserve Police Force Rules 1955 (hereinafter referred to as 'the CRPF Rules'), the penalty of dis missal from service has been inflicted on the delinquent by the Disciplinary Authority.