RAM NARAYAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Through this writ petition the petitioner, who was working as a Constable (General Duty) in the Central Reserve Police Force, has challenged the order of dismissal dated 28.06.2008 (Annexure P-5), order dated 19.09.2008 (Annexure P-7) passed in the appeal preferred by him and the order dated 22.12.2008 (Annexure P-8) passed in the revision preferred by the petitioner with a further prayer for issuance of a writ of mandamus directing the respondents to reinstate the petitioner in service with all consequential benefits including seniority and arrears of pay.

(2.) It has been pleaded that Ram Narayan-petitioner was recruited in the Central Reserve Police Force as a Constable and was posted in Assam. On 11.07.2007, the petitioner wanted to go to Nagaland Police Post to ask about the treatment of his son. He obtained permission for the same from the Post Commander HC B.K.D. Barman who allowed him through oral orders. When the petitioner reached Police Post of Nagaland, heavy rain started suddenly and due to that, the petitioner got little late to come back to the camp. HC B.K.D. Barman and HC Mohan Singh came tothe petitioner and asked the petitioner to accompany them to which the petitioner agreed and went with them immediately. After coming to the line, the petitioner was sitting on his bed and was thinking about his family problem. Constable Tambe Santosh came to him and enquired why he was sitting and not sleeping, on which the petitioner replied that he shouldgo away to his own line and should not disturb the petitioner as he isalready in tension due to family problem. Despite various requests made by the petitioner when Constable Tambe Santosh did not go, there was a small altercation between them, on which the petitioner pushed him and he fell down and sustained injuries. Meanwhile, some other members of the Force also reached there and the matter was amicably resolved. However, to the surprise of the petitioner, Constable Tambe Santosh made false complaint against the petitioner, on which a frivolous report was sent to the higher authorities, which resulted in his suspension vide order dated 01.08.2007 (Annexure P-1). Thereafter, the petitioner was served with a charge-sheet issued by the Commandant of his Battalion dated 13.08.2007 (Annexure P-2) which contained three charges. The first charge was with regard to unauthorizedly leaving the camp on 11.07.2007 at about 1800 hrs. without prior permission of the competent authority. Second was consumption of liquor when he went out of the camp without prior permission of the competent authority and the third was that he abused his seniors and cocked his weapon on one of the Constables. All these acts were stated to be acts of mis-conduct in his capacity as a member of the Force which was prejudicial to good order and discipline of the Force and punishable under Section 11 (1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'the Act').

(3.) Sh. Sanjay Tiwari, Assistant Commandant was appointed as the Enquiry Officer vide order dated 29.08.2007 (Annexure P-3), who submitted his enquiry report after holding of an enquiry against the petitioner holding therein that the charges against the petitioner stood proved during the enquiry proceedings. During the enquiry proceedings, the petitioner was reinstated in service on 30.01.2008 (Annexure P-4). Thereafter, without giving any opportunity of hearing or issuing any show cause notice to the petitioner, order dated 28.06.2008 (Annexure P-5) dismissing the petitioner from service was passed by the Commandantrespondent No. 4.