AKHILESH KR MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P.P. Baruah, the learned counsel appearing for the petitioner. The respondents are represented by Mr. C.K.S. Baruah, the learned Central Govt. counsel.

(2.) A disciplinary proceeding was drawn up against the petitioner, who was a Constable (GD) in the 131 Battalion of the CRPF, through charge memo dated 02.09.1999 (Annexure-A). Under Rule 27 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the "CRPF Rules") 4 charges were levelled and the substance of the imputation pertains to the Constable procuring out living permission with the false pretext to meet with his wife Deepa Mishra, who suddenly arrived from Bihar because of domestic problem. But it was found later that he utilized the opportunity to spend time with one local lady Deepa Deka at a hotel in Bongaigaon from 27.07.1999 to 29.07.1999. The lady in question turned out to be a married lady with 2 children and had travelling from Mangaldoi (Assam) and not from Bihar. The 2nd charge relates to the petitioner leaving the camp area without obtaining permission to stay with the same lady at a hotel in Mangaldoi from 21.07.1999 to 30.07.1999. Thus it was alleged that the petitioner acted in a manner unbecoming of a member of a disciplined force and thus he violated the provisions of Section 11(1) of the CRPF Act, 1949. The 3rd and 4th charges pertains to desertion of the CRPF camp without permission, on two separate occasions.

(3.) An Enquiry Officer was appointed to examine the charges and the delinquent Constable participated in the proceeding. His primary defence was that the lady Deepa Deka was deserted by her husband Prafulla Deka and the delinquent produced a marriage agreement dated 16.08.1999 to project that he is married to the lady in question. Smt. Deepa Deka in her testimony before the Enquiry Officer agreed that she was married to Prafulla Deka and 2 sons were born out of that wedlock, but she alleged desertion by her husband. Then she became acquainted with the Constable and they agreed to marry each other.