BALKAR SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner was recruited to the Central Reserve Police Force on 21st October, 1980. He was placed under suspension by order dated 12th June, 1988 on the allegation that he had misplaced his personal arms and ammunition which were later recovered. However, he was again suspended and second departmental inquiry was ordered. As a result thereof, he has been retired from service compulsorily by order dated 18th November, 1989, Annexure P.4. Departmental appeal filed on 19th February, 1990, was, however, returned being time barred.

(2.) Learned counsel for the petitioner has challenged the impugned order of compulsory retirement mainly on two grounds, that (1) the punishment of compulsory retirement was not one of the punishments enumerated in Section 11 of the Central Reserve Police Force Act, 1949, and (2) the total service of the petitioner being less than ten years, that its, from 21st October, 1980 - the date of enrollment, to 18th November, 1989 - the date of compulsory retirement, no pension was granted to the petitioner which made the punishment, in fact, an order of dismissal from service.

(3.) In the return filed by the respondents, the impugned action is sought to be justified by pleading, that a lenient view of the matter has been taken and instead of imposing a major punishment, the punishment of compulsory retirement from service was inflicted. It has further been pleaded that as the petitioner had no qualifying service to his credit, he was not entitled to any pension.