LAWS(GAU)-2012-8-65

UNION OF INDIA Vs. KRIPESH CHANDRA ROY

Decided On August 23, 2012
UNION OF INDIA Appellant
V/S
Kripesh Chandra Roy Respondents

JUDGEMENT

(1.) By this intra-court appeal, the Union of India and its officers have challenged the judgment and order, dated 05-12-2006 as passed by the learned Single Judge in W.P. (C) No. 19 of 2000 whereby the learned Single Judge declared and directed as under:

(2.) For appreciation of the challenge, the essential facts may briefly be noted:

(3.) On the other hand, the Union of India-respondents stoutly contended that the inquiry was conducted in full compliance of the provisions as laid down in Rule 27(c) of the CRPF Rules, 1955 and the writ petitioner have been afforded with all opportunities as prescribed in the Rules. It was also contended that the proceeding was initiated by an authority competent to initiate such proceeding and there was no breach of Rule 27 (d) (1) as the Rule 27 (d) (1) categorically prescribed that the Inspector General or any other authority competent to impose the penalty of dismissal from service on all such members of the Force may make an order directing that disciplinary action against all of them may be taken in a common proceeding.