(1.) The petitioner (now represented by his legal representatives) seeks quashing of memorandum of charges, inquiry report (Annexure P-3) as well as impugned order dated 31.03.2017 (Annexure P-10), whereby a penalty of withholding of pension to the extent of 100% and also withholding of amount of gratuity to the extent of 100% of the petitioner, has been imposed.
(2.) The petitioner was initially selected as an Assistant Commandment in Central Reserve Police Force (CRPF) in the year 1986 and was promoted as a Commandant in the year 2006. In the year 2009, a recruitment process was undertaken by CRPF under the overall supervision of IG, CRPF, Bihar Sector, Patna, wherein the petitioner was also detailed for recruitment duty. However, one FIR came to be registered on allegations of corrupt practices in the said recruitment and on the basis of which the petitioner was detained for inquiry on 5.5.2009. Vide order dated 21.05.2009 (Annexure P-1), the petitioner was placed under suspension w.e.f. 5.05.2009 i.e. with effect from the date of his detention. The petitioner was later released on bail on 7.7.2009.
(3.) The petitioner was served with memorandum of charges dated 30.10.2012 (Annexure P-2) mainly pertaining to allegations of unauthorized absence on three different occasions i.e. for a period of 14 days, 318 days and 253 days, to which the petitioner submitted his reply. An enquiry was initiated and upon conclusion of the same the petitioner was served with a copy of enquiry report (Annexure P-3) vide letter dated 9.7.2015. The petitioner submitted a representation (Annexure P-4) against the inquiry report in August 2015.