SHIV NARAYAN BALAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ jurisdiction of this Court has been sought to be invoked by the petitioner by questioning the legality and validity of a disciplinary proceeding initiated against the petitioner vide memorandum of charge dtd. 6/3/2020. The basic grounds of challenge are that the charge memo does not contain any materials that would constitute misconduct and has been issued to save the superior authority. It is further alleged that though a personal hearing was held on 26/6/2020 with the Superior Authority, the outcome of the same was not made known to the petitioner.

(2.) Before going to the issue which has arisen for determination in this case, it would be convenient to state the facts of the case in brief.

(3.) The petitioner is a Commandant serving in the Central Reserve Police Force (hereinafter CRPF). A Commandant heads a Battalion which consists of at least three numbers of Companies. It is the case of the petitioner that on 28/1/2019, the Inspector General, NES, ordered for ensuring proper supervision, command and control for upcoming GPE 2019. The parliamentary Guidelines 2019 was issued on 18/2/2019 for the Force Commanders. The petitioner was nominated as the District Nodal Officer through order dtd. 11/3/2019 to coordinate the movement and deployment of CAPF Coys, Assam. However, the petitioner was also intimated for additional deployment on 2/4/2019 of CAPF/SAP Coys for election duty in the district of Jorhat and Lakhimpur in the 1st Phase.