HITESH DEKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. H. Gupta, learned CGC appearing for all the respondents.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order dtd. 10/7/2020, by which he was put under suspension, which was extended from time to time; further praying for reinstating him in service with all benefits including arrear pay and continuity in service from 29/1/2020; further praying for setting aside the memorandum of charges dtd. 31/8/2020 in so far as it relates to the petitioner; and the petitioner has also made a prayer for restraining the respondents from proceeding against the petitioner.

(3.) The learned counsel for the petitioner has submitted that the case projected in this writ petition is that he is working as a Constable (General Duty) in Central Reserve Police Force (CRPF for short) since the year 2004. At the relevant point of time, the petitioner was posted at 178 Bn., CRPF, presently located at Jammu and Kashmir. The petitioner had applied for earned leave to visit his home, which was duly sanctioned by the competent authority with effect on and from 18/12/2019 to 31/1/2020. Bereft of details, it would be sufficient to mention herein that during this leave period, an FIR was lodged in Dharamtul P.S., registered as Dharamtul P.S. Case No. 10/2020 under Ss. 395 and 397 IPC., wherein it was alleged that a sum of Rs.12.00 lakh was looted from the first informant at about 22/1/2020 at about 7.30 pm. by four persons wearing CRPF uniform. The petitioner was arrested on 24/1/2020 and he was released on bail by order dtd. 15/2/2020. By extensively relying on the bail order dtd. 15/2/2020, the learned counsel for the petitioner has submitted that while granting bail, the learned Sessions Judge, Morigaon had examined the case dairy and that the said learned Court had recorded a finding to the effect that the informant was arrested in connection with Dharamtul P.S. Case No. 11/2020 and it was found that the said first informant had lodged a false case alleging snatching of Rs.12.00 lakh, and that the investigation by the police had revealed that at the relevant time, the arrested informant had Rs.5,50,000.00 with him out of which he had kept a sum of Rs.3,33,000.00 with his father in law, which was recovered and the balance money was kept under the mat on his own car and accordingly charge-sheet bearing no. 10/2020 was submitted by I.O. in connection with Dharamtul P.S. Case No. 11/2020 under Ss. 120-B, 419, 420/384 IPC. Accordingly, it is submitted that an out and out false case criminal case of dacoity came to be lodged and registered against the petitioner.