MEHBOOB ALI Vs. COMMANDANT- CUM- CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) Heard Mr. Bindhyachal Singh, learned counsel for the appellant. No one appears on behalf of respondents.

(2.) This letters patent appeal is directed against the judgment dated 14.09.2017 passed by the learned Single Judge in C.W.J.C. No. 5124 of 1999, whereby he has dismissed the writ petition of the appellant challenging inter alia the order of termination from service.

(3.) Mr. Bindhyachal Singh, learned counsel for the appellant submitted that the impugned judgment passed by the learned Single Judge is absolutely perverse inasmuch as the order under challenge passed by the Commandant, C.R.P.F. was disproportionate to the charges levelled against the appellant. He contended that the learned Single Judge ought to have held that the sentence passed by the Commandant, C.R.P.F. dismissing the appellant from service is not commensurate to the charges levelled against him. According to him, the learned Single Judge also failed to appreciate the fact that the request of the appellant to be defended through Advocate and change of the Enquiry Officer had been refused, which clearly prejudiced his defence.