LAWS(GAU)-2016-11-3

UNION OF INDIA Vs. HUSSAIN AHMED(MD.)

Decided On November 02, 2016
UNION OF INDIA Appellant
V/S
Hussain Ahmed(Md.) Respondents

JUDGEMENT

(1.) Mr. SC Keyal, learned Assistant Solicitor General of India for the applicants and Mr. G Alam, learned counsel for respondent No.2. Heard on admission. This is an application for condonation of delay of 232 days in filing Writ Appeal against the judgment and order dated 30.1.2014 passed by the learned Single Judge of this Court whereby he has allowed non-applicant's WP(C) No. 6408/2007. By order under challenge, the learned Single Judge has quashed the punishment of compulsory retirement of respondent with a direction to the applicants to re-instate him in service.

(2.) The non-applicant was working as Constable (General Duty) in B-179 Battalion of Central Reserve Police Force (CRPF). He was subjected to disciplinary proceedings on two charges viz. (i) on 20.4.2006 he remained absent from Camp/Line at noon without prior permission of any superior officer, and (ii) On the same day, he was deputed as quarter guard at 1600 Hours, but he was found absent from duty.

(3.) The Enquiry Officer, however, conducted the enquiry without the participation of any presenting or defence officer. There was no presenting officer to produce the documents and this task in fact was discharged by the Enquiry Officer. The Enquiry Officer thus discharged dual role of the prosecutor and the judge. Also some of the additional documents incorporated by the Enquiry Officer were not furnished to the respondent and thus he was denied a fair opportunity to defend the charges. Not only this, the disciplinary authority also took into account one additional charge of physical assault by respondent though it was not included in the Memorandum of Charges dated 6.5.2006. For these reasons, the learned Single Judge has quashed the punishment of compulsory retirement of the respondent which was imposed pursuant to disciplinary proceedings.