UNION OF INDIA Vs. NIRMAL BHATTACHARYA

JUDGEMENT

(1.) HEARD Mr. A. Nandi, learned Counsel appearing for the Appellant Union of India as well as Mr. D.K. Biswas, learned Counsel representing the writ Petitioner/Respondent.

(2.) THIS writ appeal is directed against the judgment and order dated 20.12.2006 passed by the learned Single Judge in W.P.(C) No. 30 of 2001 by which the writ petition filed by the writ Petitioner was allowed interfering with the order dated 18.10.2000 by which he was dismissed from service and also the order dated 17.1.2001 by which the Deputy Inspector General of Police, CRPF upheld the findings of the inquiry proceeding as well as the order of punishment.

(3.) THE writ Petitioner was a Constable in the CRPF. While he was serving as such he was taken up for a departmental inquiry under Rule 27 of the CRPF Rules 1955. The charge levelled against him was that of misconduct/disobedience of order in his capacity as a member of the Force under Section 11(1) of the CRPF Act 1949 in that he indulged in heated arguments with his superior officer V.P. Singh, HC/GD and also assaulted him causing minor injuries which was prejudicial to good order and discipline of the Force. Pursuant to the proceeding initiated thereafter the Petitioner was dismissed from service by order dated 18.10.2000. While doing so, the authority perused the departmental inquiry proceeding. In the order of dismissal the authority recorded that the only eye witness to the incident was another Constable/GD Ranglal (P.W. 4). Placing reliance on the testimony of the said witness the disciplinary authority came to the conclusion that the Petitioner was not a fit person to be retained in service and accordingly by the aforesaid impugned order dated 18.10.2000 dismissed the Petitioner from service.