JOGINDER LAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The petitioner was dismissed by Commandant 128 Bn, CRPF vide his Order No. D.II-32/98-Estt.II dated 22.04.1999, on the basis of the findings of the enquiry held against him, on the Charge that while functioning as LNK/GD of F/128 Bn, CRPF during August, 1998, he had committed an act of misconduct in his capacity as a member of the Force, by overstaying leave w.e.f. 04.08.1998 without any prior permission/intimation to the Competent Authority. Appeal filed by him against his dismissal from service was rejected by the Deputy Inspector General of Police, CRPF, Jallandhar vide order dated November 17, 1999. He thereafter approached this Court questioning his dismissal and the orders passed by the Commandant and the Deputy Inspector General of Police, CRPF in this behalf.

(2.) His Writ Petition SWP No. 2760/99 was disposed of on March 30, 2001 by the Court directing the respondents to treat his Writ Petition as a Petition of Revision under Section 29 of the Central Reserve Police Force Act, 1949 for passing appropriate orders thereon. The Additional Director General, CRPF, NWZ, Chandigarh rejected the petitioner's Revision Petition, aggrieved whereby, he has again approached this Court questioning his dismissal and the orders passed by the Commandant, Appellate Authority and the Revisional Authority.

(3.) I have heard learned Counsel for the parties and am of the view that this Writ Petition must succeed on a short point that the learned Additional Director General, CRPF, NWX, Chandigarh had erred in disposing of the petitioner's Revision Petition without deciding the issue as to whether or not the punishment awarded to him was disproportionate to the nature of the misconduct committed by him, which he was required so to do, in terms of the directions issued on the petitioner's Writ Petition SWP No. 2760/99.