AJAY SHANKAR PANDAY Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) The petitioner, a Constable in the Central Reserve Police Force, was removed from service for absence from duty, in that, detailed to proceed to CWS, CRPF Rampur on 14.12.1996 for collection of ammunition along with four other personnel under the command of Sub Inspector Kripa Shanker Mishra, he had deserted the party from CWS, Rampur on 22.12.1996.

(2.) Appeal preferred by him against his removal from service having failed, he approached the High Court of Judicature at Allahabad by his Civil Miscellaneous Writ Petition No. 41540 of 1997 questioning his removal from service and the order dated 07.07.1997, passed by Commandant 20 Bn Central Reserve Police Force, in this respect.

(3.) Disposing of the Writ Petition, the Hon'ble High Court held his removal from service unsustainable for the punishment awarded was found excessive. The Commandant was, accordingly, directed to consider award of lesser punishment to the petitioner other than Removal or Dismissal from service.