JAI NARAYAN KHAW Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition, under Article 226 and 227 of the Constitution of India, the petitioner has invoked the writ jurisdiction of this Court for quashing of the Deputy Director General of Police Central Reserve Police Force, dated 6th June, 1989, under Section 12(1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'the Act'), contained in Annexure-2 whereby and whereunder the petitioner has been dismissed from service for his misconduct.

(2.) It appears, at the relevant time, while the petitioner was proceeding as convoy commander of the 1st Bn. CRPF, deserted the convoy enroute at Gopalganj, on 29th June, 1987 and reported his own Unit Head Quarter on 11th July, 1987. Thus he committed an offence as defined under Section 10(M), (N) and (P) of the Act.

(3.) In the background of the aforesaid allegations, the Deputy Superintendent Officer Commanding filed a written complaint in the Court of the Judicial Magistrate, 1st Class 1st Bn. CRPF, Churachandpur, Mainpur. Apart from the allegation of desertion, it was also alleged that the petitioner had unauthorisedly carried the pistol and live cartridge as also an amount of Rs. 2000 (two thousand) in cash which was advanced to meet the contingency expenditure on route.