V S REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) IN both the writ petitions, the question involved is common and the respondents are also common and as such after they were heard, orders were reserved for disposal together, as agreed upon by the learned Counsel for the parties.

(2.) IN the first case (C.W.J.C. No. 10684 of 1999), the petitioner was a Constable and in the second case (C.W.J.C. No. 11162 of 1999) the petitioner was a Lance Naik in C.R.P.F. when a departmental proceeding was initiated against them. IN the first case, the petitioner was charged for carrying V.C.P. of Sarpanch secretly to share illegal gain with Lance Nayak Biren Singh (petitioner of second case) and in the second case, petitioner Biran Singh was charged for accepting the V.C.P. of village Sarpanch from the petitioner of the first case and carrying it to his home.

(3.) THEREAFTER, fresh inquiry was conducted in which both the petitioners participated and they were afforded due opportunity to defend themselves. The enquiry officer submitted his report on 12.5.1999. The said inquiry report was supplied to both the petitioners who were requiseds to submit their defence against it within fifteen days. They submitted their defence on 10.7.1999 in which they accepted their guilt. The disciplinary authority, namely, the Commandant 133 Battalion, on consideration of the materials and the evidence on record and deposition of the witnesses found that the charges levelled against them were serious in nature and have been proved against them. Accordingly, did not find them fit to be retained in service. As such, in exercise of the power under Sub-rule (1) of Rule 27 of the Rules, he, vide order dated 28th August, 1999, contained in Annexure 3, awarded them with the punishment of dismissal from service with effect from the date of issue of the order.