A.V. CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was found guilty of having disobeyed the lawful orders issued by the competent authority. He was found to have committed an offence under Sec. II(1) of Central Reserve Police Force Act 1949. A departmental enquiry was held. Petitioner stands removed from service. It is this order which is subject matter of challenge in this petition. Before noticing the fact, it would be apt to notice the charge which the petitioner was supposed to meet. This is to the following effect.

(2.) The facts which led to the aforementioned charge being framed against the petitioner are that the petitioner was serving as a Constable driver in the Group Centre. C.R.P.F. Bantalab (Jammu). He was transferred to Group Centre, C.R.P.F., Gauhati. An order to this effect was issued on 26.9.1998. Petitioner preferred a writ petition in this Court. The writ petition was disposed of with a direction to treat the writ petition as a representation and during the period the matter was under consideration the order of transfer was to remain in abeyance. Order passed in SWP No. 2049/98 is Annexure 'A' with the petition. For facility of reference this is being re-produced below:

(3.) Petitioner submits that the requisite information that his representation stood ejected on 28.12.1998 was received by respondent No. 4 on 30.12.1998. Petitioner submits that he was served with the copy of the movement order on 31.12.1998. For this reliance has been placed on Annexure 'B' . It is the case of the petitioner that without giving any opportunity to the petitioner to comply with the direction as contained in the order Annexure 'C' he was placed under suspension with immediate effect and thereafter Art. of Charge was framed. The fact that the petitioner was placed under suspension on 31.12.1998 is borne out by order Annexure C'. For facility of reference this is being reproduced below: