AMARENDRA GUATAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant has put to challenge, in the present appeal filed under Clause 10 of the Letters Patent of this Court, an order, dated 16.01.2014,passed by a learned single Judge of this Court in CWJC No. 10561 of 2007, whereby his application filed under Article 226 of the Constitution of India came to be dismissed.

(2.) The petitioner was a Constable in 116 Battalion of the Central Reserve Police Force. On the charge of serious misconduct, he was dismissed from service by an order, dated 22.06.2006, passed by the Commandant 116 Battalion CRPF, Dhaligaon, Bongaigaon (Assam). He, thereafter, preferred a departmental appeal before the Deputy Inspector General, Group Centre, C.R.P.F., Muzaffarpur (Bihar) against the order of dismissal. It came to be dismissed by an order, dated 02.11.2006. Revision petition preferred against the order of the disciplinary authority and the appellate authority also stood dismissed by an order, dated 29.03.2007 passed by the Inspector General of Police, Bihar Sector, Patna. Challenging these orders passed by the authorities of the Central Reserve Police Force, the petitioner filed a writ application under Article 226 of the Constitution of India giving rise to CWJC No. 10561 of 2007, which has been dismissed by the order under appeal, dated 16.01.2014.

(3.) The main plea which was taken in the writ proceedings on behalf of the petitioner was that the impugned action of the respondent was not in violation of the principles of natural justice inasmuch as, an ex-parte enquiry was held without affording the petitioner proper opportunity of being heard.