COMMANDANT 60 BN CRPF Vs. J K MEDHI

JUDGEMENT

(1.) This writ appeal is preferred against the judgment and order passed by the learned Single Judge dated 7.3.96 in Civil Rule No. 1693/92. By means of the above named Civil Rule the petitioner challenged the validity of the order of his removal from service in the CRPF. The writ petition was allowed.

(2.) We have heard Mr. K.K. Mahanta, learned Sr. Central Govt. Standing Counsel for the appellant and Mr. S.K. Hazarika, learned counsel appearing for the respondent. We have also perused the order passed by the learned Single Judge.

(3.) It appears that disciplinary proceedings were started against the respondent, on two charges of misconduct, under Section 11 (1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act). The first charge was that he had consumed liquor, on 14.1.94 at about 9.30 hours, while on duty at Police Bazar Police Point, Shillong and the second charge was that he beat one civilian, namely, Shri Sunil Jain, a book seller, while under the influence of liquor and created nuisance in the public place, which is against the good order of discipline of the Central Reserve Police Force. The Enquiry Officer found the charges proved against the respondent and the Disciplinary Authority passed the order of his removal from service with effect from 16.7.92. The writ petition preferred against the order of punishment, as indicated earlier, has been allowed by the learned Single Judge by means of the impugned judgment.