SURENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through instant peetition under Article 226 of the Constitution of India is seeking setting asiide of order dtd. 28/12/2023 (Annexure P-19) whereby he has been dismissed from service.

(2.) The petitioner joined Central Reserve Police Force (for short 'CRPF') as Constable on 29/11/2010. He soolemnized marriage with Babita daughter of Shimbhu Dayal on 24.01.20033 and from this wedlock two children were born. A matrimonial dispute, on account of alleged illicit relation of petitioner with another lady, erupteed between the couple. His wife approached Court as well as CRPF authorities. The matter came up before Sub-Divisional Judicial Magistrate, Mahhendergarh with respect to maintenance under Protection of Women fromm Domestic Violence Act, 2005 (for short 'DVV Act'). The petitioner was directed to pay maintenance of ?10,000/- per month to his wife and children.

(3.) On account of complaints by peetitioner's wife, the respondent-department initiated disciplinary proceedings against him. He was served charge sheet dtd. 24/10/2017. In the charge sheet, it was alleged that petitioner had disobeyed orders of higher auuthorities and he is not paying maintenance to his wife and children, thuus, he has committed offence punishable under Sec. 10(n) as well as Seection 11(1) of Central Reserve Police Force Act, 1949 (for short 'CRPF Actt') read with Rule 27 of Central Reserve Policee Force Rules, 1955 (for short 'CRPF Rules'). The respondent conducted inquiry and Commandant vide ordder dtd. 7/4/2018 (Annexure P-3) dismissedd him from service. The petitioner unsuccessfully preferred an appeal as welll as revision before higher authorities. The petitioner preferred\ CWP No.16362 of 2021 before this Court seekking setting aside of punishment orders. This Court vide order dated 06.12.20223 disposed of said petition with a direction to respondent to re-consider quantuum of punishment. The relevant extracts of order dtd. 6/12/2023 are reproduced as below:-