SANJAY KUMAR OJHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Pranav Kumar, learned counsel for the petitioner and Mr. N.A. Shamsi, learned Assistant Solicitor General, who has appeared on behalf of all the Respondents.

(2.) The petitioner, who was a constable ( G.D.) in Central Reserve Police Force( hereinafter referred to as "C.R.P.F."), has approached this Court with a prayer to quash office order dated 2nd November,2007 passed by Respondent no.4/ the Commandant , 4th BN, C.R.P.F.( Annexure-3), whereby Respondent no.4 agreeing with the report of the Conducting Officer in a Departmental Proceeding has awarded punishment of dismissal from service.

(3.) Short fact of the case is that the petitioner, who was appointed as constable and allotted constable no. 005200541 CT/GD in C.R.P.F., was served memorandum along with Article of Charges on an allegation of misconduct pertaining to solemnizing second marriage without prior permission of the authority concerned. In the chargesheet, there were two Articles of charges but both pertain to the same charge i.e. relating to solemnizing second marriage and not intimating the authority concerned, which was considered to be misconduct as per Rule-15 of the Central Reserve Police Force Rules,1955 (hereinafter referred to as the "C.R.P.F. Rules"). The petitioner was proceeded departmentally and enquiry was conducted by the Enquiry Officer. During enquiry, charges were proved and after submission of the enquiry report, the disciplinary authority i.e. Respondent no.4 agreeing with the enquiry report imposed punishment as indicated above.