PREMNATH RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) PETITIONER wants quashing of order dated 17.8.2004. By virtue of this order petitioner has been dismissed from service based on the findings recorded in enquiry held against him. Even his appeal against the said order has been rejected by the appellate authority vide order dated 27.5.2005. Petitioner is a member of Para Military Force which is a disciplined force and has its own standard of conduct, behaviour and discipline. Certain acts of omission and commission which came to the notice of the superior authority forced their hands to issue a charge -sheet against him. There are many charges which are detailed in the order contained in Annexure - 1. A reading of the charges would show that there was occasion for the respondents to initiate a proceeding which was done in this case. The evidence and the materials which came during enquiry brought the charges at the door step of the petitioner and keeping the entirety of the situation the disciplinary authority decided to impose punishment of dismissal.

(3.) THE matter has been heard on a couple of occasions and on one of the primary submissions made on behalf of the petitioner was that there has been gross violation committed by the respondents of Rule 27 of CRPF Rules, 1955. Rule 27 which forms part of Chapter VI deals with the procedure for award of punishment. There is a table attached with the said rule where in the nature of punishment the post and the name of the disciplinary authority has been indicated which confers power of infliction of punishment.