R D GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This regular second appeal has been filed against the judgment and decree of the learned Additional Civil Judge (Sr.Division), Amritsar, duly affirmed by the judgment and decree of learned Additional District Judge, Amritsar.

(2.) There is a delay of 18 days in filing the appeal. For the reasons mentioned in the application, the delay of 18 days in filing the appeal is condoned. I have heard learned counsel for the appellant in support of the appeal. The appellant had joined service as a Constable in Madhya Pradesh Special Armed Force in April, 1964 and later on he was absorbed in Central Reserve Police Force in May, 1967 as a Head Constable. While posting in the 44th Battalion with camp at Amritsar in the year 1996 a departmental enquiry was initiated against him on the allegations that while functioning as Officer Commanding (Inspector) of 44th Battalion CRPF during the period April, 1998, he alleged committed misconduct as he failed to report a case of theft to the higher authorities and let off Constable Madho Behari Singh after accepting a bribe of Rs.5,000/- from him. There was a further allegation against him that he had accepted a stolen suit case containing the clothes of one Shri D.K.Dubey from Constable Madho Behari Singh. He had again demanded and accepted a sum of Rs.8,000/- as bribe to close that matter. It was a further allegation that he had taken Rs.1,500/- as loan from a Constable of his Battalion with a promise to return the same but later on asked the said constable to take back the same from Constable Madho Behari Singh. On the basis of these allegations a departmental enquiry was held. On the basis of the findings recorded in this enquiry by an order dated 3.3.1996, the appellant was compulsarily retired from service.

(3.) The appellant had challenged the legality of the enquiry. Repelling his challenge, the lower Appellate Court recorded the following findings:-