DILER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The Civil Judge (Senior Division), Narnaul, vide judgment and decree dated 09.12.2008, while setting aside the dismissal order No. P-VIII-8/2001-61-Stha-II dated 12th September, 2001, decreed the suit filed by the plaintiff-appellant (hereinafter referred as 'the plaintiff') and had reinstated him into Central Reserve Police Force service with effect from 20.09.2001 along with arrears of pay, allowances and all consequential benefits. However, the Additional District Judge, Narnaul, while accepting the appeal of the defendants-respondents (hereinafter referred as 'the defendants'), dismissed the suit of the plaintiff. Factual background of the case is that the plaintiff was posted in 23rd Battalion and thereafter, he was transferred to 61 Battalion of CRPF, where he was charge sheeted on the ground that on 22.06.2001, he had left the campus without permission of the competent authority at 13.30 hours and went to market, where he consumed liquor and quarreled with civilians. Thereafter, Assistant Commandant conducted a departmental enquiry and found him guilty. Ultimately, he was dismissed from service vide order dated 12.09.2001. The petitioner challenged his dismissal on the following grounds:

(2.) The trial Court, while decreeing the suit of the plaintiff, had relied upon a judgment of this Court in case Ram Singh Rai v. Union of India, 2003 1 SCT 523, wherein it was observed as under:-

(3.) Heard. In the present case also, a notice under Section 11(1) of the CRPF Act, 1949, was issued to the plaintiff, which presupposes a minor punishment, but he was slapped with major punishment, for which, he was neither prepared nor informed. Even otherwise, precisely the charge against the plaintiff was that he had left the campus without permission for one hour and when he returned, his mouth was emitting smell of alcohol. In such situation, he should not have been punished with such a major punishment of removal from service, but a minor penalty. The Hon'ble Calcutta High Court in case Deputy Inspector General of Police, CRPF and another v. Akhilesh Kumar,2007 6 SLR 438, has observed as under:-