JOGESWAR RAHANG Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has been filed challenging the order dated 24.9.95 passed by the Commandant, 78th Bn Central Reserve Police Force, ZUBZA-Kohima, Nagaland removing the petitioner from his service with effect from 24.9.95 vide Annexure-B.

(2.) The petitioner herein joined the CRPF as a constable in the year 1991 after completion of training. The petitioner was rewarded for his satisfactory service in the force. On 27.4.95, the petitioner alongwith the coy was moving from Barpeta Road in Assam to Nagaland. No reservation was avaulable and as such, the petitioner and some other travelled in a sleeper 3 tier coach. The coy had to get down at Mariani beyond Dimapur, but when they reached Dimapur they were told to get down at Dimapur Rly Station. There was great rush in the Rly station. The petitioner alongwith other coy personnel started unloading the coy stores, kitty and rations and in that process the petitioner left his rifle, on the lower berth of the coach. The petitioner wanted to go inside the coach after unloading to bring the rifle, the rifle was kept hidden behind the seat. By the time, the train had already left. The petitioner reported the matter to CHM and the petitioner alongwith one NCO went to Dibrugarh the last stoppage of the train and found the missing rifle. It was deposited by the Railway authority in the custody of the Magistrate. The rifle was released by the Magistrate and was brought back in the next day. Thereafter on 15th May, 1995 a show cause was issued informing the petitioner that an enquiry shall be held against the petitioner under Rule 27 of the Central Reserve Police Force Rules for misconduct. Thereafter an enquiry was conducted. The enquiry was conducted in English. The petitioner did not know English, nor he was given the assistance of anybody. Even the Enquiry Officer cross- examined the witnesses brought by the authority. Thereafter the order of removal was served on the petitioner even without serving a copy of the enquiry report on the petitioner. Hence, this writ application.

(3.) Rule 27 of the Central Reserve Police Force Rules (hereinafter called as the 'Rules') provides for punishment and the punishment of removal or dismissal from service or reduction to a lower rank can be inflicted after formal departmental enquiry.