B.P.MISRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has by this writ petition under Article 226 of the Constitution of India called in question the termination order (Annexure 16) dated 23rd July, 1973, from the post of Commander in the Indo -Tibetan Border Police.

(2.) The petitioner had joined the Emergency Commission of the Indian Army with effect from April 14, 1963. He continued in the Army upto August 21, 1967, when he was deputed to the Indo Tibetan Border Police, Ministry of Home Affairs, Government of India. He was absorbed in the Indo -Tibetan Border Police after his services were dispensed with by the Army authorities but the continuity in service was maintained and he was given seniority from the date of joining the Army. He was appointed as Company Commander in the Indo -Tibetan Border Police (shortly called the Border Police) with effect from 22 -8 -1967 on the terms and conditions of appointment as contained Annexure 1 to this petition. He was governed by the Central Reserve Police Force Act and the Rules, as amended from time to time. After completion of three years service in 1970, the petitioner became entitled to quasi - permanent status. With effect from May 1, 1970, the Government of India converted 8o per cent of 80 various sanctioned temporary posts in the Border Police Battalions into permanent posts vide Annexure 2. The post of the Company Commander held by the petitioner was also converted into a permanent post. Then all the 64 posts of Company Commander were declared permanent. The petitioner was at serial No. 30 in the seniority list (Annexure 3). Six persons were promoted to the posts of Assistant Commandants, as such the petitioner was placed at serial No. 24 in the seniority list. The petitioner had completed four years of service on September 10, 1972, and, therefore, he was sanctioned a uniform grant of Rs. 450/ -, representing the balance of initial uniform grant of Rs. 900/ -, as admissible to him, vide Central Reserve Police Force Rule 94 (a) (2) (ii). Respondent 2 also certified him to be fit for permanent retention in the Force (Annexures 4 & 5).

(3.) The petitioner further averred that on October 18, 1971, a party of eight personnels, including Constable Palas Ram, under Havaidar Amar Singh left for Kunnu Post but due to heavy snow -fall and hailstorm the party had disorganised and scattered. Out of the party personnels, Palas Ram could no reach the destination and was reported missing. The petitioner despatched a search party on October 19, 1971 for a search for the missing constable Palas Ram. Another party which was also sent reported the recovery of a coat, Parkha and some blood -stained earth but there was no trace of anybody. Later on a Court of Enquiry, consisting of Shri J. P. Verma, I. P. S. Assistant Commandant, Presiding Officer, the petitioner and Jamadar Gurdyal Singh Kapoor, Junior Commissioned Officer, was constituted under the orders of the higher authority. The Court of Enquiry came to the conclusion that in the absence of any evidence it could not be established as to what actually happened to the missing constable Palas Ram. The proceedings were forwarded thereafter to the higher authorities.