SUDHANSHU SHEKHAR DEO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who was a constable in the C.R.P.F. and dismissed by order dated 31st December 2009 passed by Commandant, 95 Bn, C.R.P.F., has approached this court while invoking its writ jurisdiction with a prayer to quash Annexure - 3 i.e. order of his dismissal; for quashing of order dated 18th March, 2010 passed by DIGP, C.R.P.F., Muzaffarpur, whereby his appeal against order of dismissal was dismissed (Annexure - 2) and has also prayed for quashing of order dated 16th December, 2010, passed by Inspector General Of Police, BS, C.R.P.F. , whereby revision preferred by the petitioner was rejected (Annexure 1).

(2.) All the aforesaid charges as per the memo of charge were punishable under Section 11(1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the "C.R.P.F. Act"). In the departmental proceeding the petitioner also adduced evidences and on his behalf five witnesses were examined. In the departmental enquiry charge no. 1 was found partly proved, charge no. 2 was not proved. However, charge no. 3 to 5 were fully proved.

(3.) After receipt of the enquiry report the disciplinary authority communicated enquiry report to the petitioner and sought his explanation, which was replied by the petitioner. Finally, the disciplinary authority in view of provision contained in Section 11(1) of the C.R.P.F. Act and Rule 27 (a) of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as the "C.R.P.F. Rules") passed order for dismissal of the petitioner from service. The disciplinary authority has passed order of punishment on 31.12.2009. After the order of dismissal, the petitioner filed an appeal before the Deputy Inspector General of Police, C.R.P.F., Muzaffarpur which was dismissed on 18th March, 2010. Thereafter, the petitioner approached this court by filing a writ petition vide C.W.J.C. No. 15797 of 2010. The writ petition was disposed of on 21.9.2010 by a bench of this court with direction to the petitioner to avail the remedy of revision before Inspector General Of Police, C.R.P.F., Bihar Sector, Patna, who was directed to consider the same and dispose of in accordance with law preferably within a period of three months from the date of receipt of the order. The order dated 21.9.2010 passed in C.W.J.C. No. 15797 of 2010 has been enclosed as Annexure - 12 to the writ petition. Finally, the revision preferred by the petitioner was dismissed on 16th December, 2010, by Inspector General Of Police, BS, C.R.P.F., which has been enclosed as Annexure 1 to the writ petition.