WAZIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was serving as Constable in 52 Bn of Central Reserve Police Force, Jammu when pursuant to the findings of the Departmental Enquiry held on two Charges viz. (i) that he altercated with No.680384116 Kedar Nath Singh on 17.05.1992 and (ii) that he physically assaulted NK Kedar Nath Singh on 17.05.1992, which were prejudicial to the good order and discipline of the Force, he was removed from service vide Commandant 52 Battalion CRPF's order dated 17.07.1993. His Appeal against the order to the Deputy Inspector General of Police, Central Reserve Police Force, Bhubaneswar, however, failed.

(2.) He thereafter approached the High Court of Delhi where his Writ Petition against his termination was disposed of on the statement of the learned counsel for the Union of India that as Charge No.1 had not been found proved by the Appellate Authority so a fresh final order would be passed by the Disciplinary Authority on Charge No.2 alone. The Court, however, left open Union of India's challenge to the territorial jurisdiction of the Court. On reconsideration of the matter the Disciplinary Authority reiterated its earlier decision of petitioner's removal from service even on Charge No.2, vide order dated 25.03.2008.

(3.) The petitioner again appealed against the order. This time his Appeal succeeded in part and the punishment of 'Removal from service' was substituted by 'Compulsory Retirement with Service Gratuity' to meet the ends of justice.