VISHWANATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is a Constable of Central Reserve Police Force. The Force was constituted under Central Reserve Police Force Act, 1949 (hereinafter to be referred to as 'the Act'). He was appointed in the year 1970. In the year 1976 he was posted at Mokamahghat.

(2.) He has been dismissed by an order of the Commandant on 25 -10 -1976 (Annexure -6). His appeal was dismissed (Annexure -7). The dismissal order as preceded by chargesheet and domestic enquiry. Petitioner participated in the enquiry. The Enquiring Officer found the charge proved (Annexure -4). Before passing the order of dismissal, petitioner was also asked to show cause against proposed punishment. This is required under rule 27 (7) of Central Reserve Police Force Rules, 1955 (hereinafter to be referred to as 'the Rules)'. Petitioner desires this Court to quash the enquiry report (Annexure -4), the order of dismissal (Annexure -6) and the order dismissing his appeal (Annexure -7).

(3.) learned Counsel of the petitioner raised a number of points. Most of points relate to domestic enquiry being vitiated in law charges levelled are vague and do not constitute misconduct, Enquiring Officer's reliance on prior evidence of the wife of the complainant Constable, is an extraneous consideration, the Commandant even though required under the Rules to record his own finding on the charges levelled, on receipt of enquiry report, he did not do so.