SHIVANAND MISHRA Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) An order dated 23.11.2000 passed by the Commandant, 114 Battalion CRPF dismissing the petitioner from service in exercise of power under section 12(1) of the CRPF Act, 1949 has been assailed in this writ petition. The facts relevant to the present adjudication may briefly be outlined at this stage.

(2.) The petitioner who joined the Central Reserve Police Force ('the Force') as a Constable was, at the relevant point of time, serving as Head Constable. In connection with an incident that had occurred on 13.11.2000, an allegation of commission of an offence under section 10(n) of the CRPF Act, 1949 ('the Act') was levelled against the petitioner and he was committed to face trial before the Chief Judicial Magistrate-cum-Commandant, 128 Bn. CRPF, Goalpara. The charge on which the petitioner was put to trial may now be noted:

(3.) The petitioner virtually admitted the charge, though he had offered an explanation for the incident of quarrel as well as firing of one round from his service weapon. In the trial held by the Commandant of the Battalion several witnesses were examined. Thereafter, by judgment and order dated 23.11. 2000 the petitioner was found guilty of the charge levelled and commission of the offence under section 10(n) of the Act. The petitioner was, accordingly, sentenced to suffer imprisonment for a period of 30 days. On the same day, by invoking the power under section 12(1) of the Act, the petitioner was dismissed from service. Aggrieved, this writ petition has been filed.