RAMKANWAR DESWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner challenging the legality and validity of the order No. F.4/19/87-Estt(CRPF) (Pers - II) dated 21st July, 1989 contained in Annexure-6 whereby the petitioner who was holding the post of Deputy Superintendent of Police, Central Reserve Police Force was reduced to a lower post, namely, Inspector for a period of one year pursuant to the departmental proceeding which has been held against him.

(2.) I have heard Mr A.K. Bhowmik, the learned senior counsel appearing on behalf of the petitioner and Mr K.N. Bhattacharjee, learned Senior Central Government Standing Counsel appearing on behalf of the respondents.

(3.) The facts relevant for disposal of this application are that the petitioner was initially appointed as Constable in Central Reserve Police Force (for short CRPF) on 3.10.1959. Thereafter he got successive promotions and at the relevant time he was holding the post of Deputy Superintendent of Police and he was posted in 30th Battalion, CRPF, Kapurthala, Punjab with his posting at Company Head Quarters at Kabirpur. At the time of filing the writ petition the petitioner was serving as Inspector on reversion with effect from 21st of July, 1989 and was posted in 42nd Battalion, CRPF in Tripura. The charge that was framed against the petitioner is as under-