REGENT COMPUTRONICS PVT. LTD.

DHARAMRAJ KUMAR SINGH Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

LEE VS. BUDGE RAILWAY CO. [REFERRED TO]
SHARP VS. WAKEFIELD [REFERRED TO]
ORISSA CEMENT LIMITED VS. HABIBULLAH [REFERRED TO]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [REFERRED TO]
STATE OF TAMIL NADU VS. ST JOSEPH TEACHERS TRAINING INSTITUTE:DR ARUPAPPA TEACHERS TRAINING INSTITUTE [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
NEW SHORROCK MILLS VS. MAHESHBHAI T RAO [REFERRED TO]
UNION OF INDIA VS. G GANAYUTHAM [REFERRED TO]
DADU TULSIDAS VS. STATE OF MAHARASHTRA [REFERRED TO]
KUMAON MANDAL VIKAS NIGAM LIMITED VS. GIRJA SHANKAR PANT [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. RAKESH KUMAR [REFERRED TO]
CHAIRMAN AND MANAGING DIRECTOR UNITED COMMERCIAL BANK VS. P C KAKKAR [REFERRED TO]
MITHILESH SINGH VS. UNION OF INDIA [REFERRED TO]
KANTA DEVI VS. UNION OF INDIA [REFERRED TO]
DEV SINGH VS. PUNJAB TOURISM DEVELOPMENT CORPORATION LIMITED [REFERRED TO]
UNION OF INDIA VS. KULDEEP SINGH [REFERRED TO]
MAHINDRA AND MAHINDRA LTD VS. N B NARAVADE [REFERRED TO]
V RAMANA VS. APSRTC [REFERRED TO]
STATE OF RAJASTHAN VS. MOHAMMED AYUB NAZ [REFERRED TO]
COMMISSIONER OF POLICE VS. SYED HUSSAIN [REFERRED TO]
STATE OF U P VS. SHEO SHANKER LAL SRIVASTAVA [REFERRED TO]
MAHARASHTRA STATE SEED CORPN LTD VS. HARIDAS [REFERRED TO]
SUKHVINDER SINGH VS. UNION OF INDIA [REFERRED TO]
SAFIQUL HAQUE MAZUMDER VS. UNION OF INDIA [REFERRED TO]
VALSAMMA THOMAS VS. ADDITIONAL DISTRICT MAGISTRATE ALAPPUZHA [REFERRED TO]

JUDGEMENT

(1.) THIS appeal arises from the judgment and order dated 03. 06. 05 passed by the learned single Judge of this Court in W. P. (C) No. 3533 of 2002 whereby and whereunder the learned single Judge dismissed the writ petition upholding the order dated 20. 9. 01 issued by the Commandant, 27th Bn. CRPF, Joynagar (Sibsagar), imposing penalty of dismissal from service w. e. f. the date the writ petitioner was convicted and sentenced by the C. J. M. cum-Commandant, 27th Bn. CRPF u/s 16 (2) of the C. R. P. F. Act, 1949 (hereinafter refers to as the Act ).

(2.) WE have heard Mr. M. U. Mahmud, learned counsel for the appellant and Mrs. G. Singh, learned C. G. S. C. on behalf of the respondents.

(3.) THE factual background necessary for the purpose of understanding the legal issues involved in this appeal are as under : the writ petitioner/appellant was a constable (General duty) of the 27th Bn. CRPF. On 5. 9. 01 a complaint was lodged by the Officer Commanding of the said Battalion, R. J. Parpatti, alleging commission of offence u/s 10 (n) of CRPF Act, as the writ petitioner/appellant, while functioning as Constable, committed an act of misconduct/negligence of duty by using abusive language to one, Shri Dinesh Singh on 4. 9. 2009 at about 1830 hours after consuming liquor and on the same day at about 2300 hours the appellant was brought to the Bn. HQs, Sibsagar for taking to the civil hospital for medical examination, the writ petitioner/appellant again used abusive language and misbehaved with his platoon Commander, Shri R. J. Ranpatil. On the basis of the said complaint, lodged by the officer commanding, the Commandant 27th Bn. CRPF on whom power of judicial Magistrate was conferred by the Govt. of India, Ministry of Human Affairs u/s 16 (2) of the CRPF Act, tried the offence on the following charges:

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DHARAMRAJ KUMAR SINGH Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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