LAWS(J&K)-2013-1-26

WAZIR SINGH Vs. UNION OF INDIA & ORS.

Decided On January 30, 2013
WAZIR SINGH Appellant
V/S
Union of India And Ors Respondents

JUDGEMENT

(1.) Appellant was vide order dated 17th July, 1993 removed from service on the charges that he on 17th May 1992 altercated with his colleague Nk. Kedar Nath Singh No.680384116 and physically assaulted him.

(2.) He questioned the order dated 17th July, 1993 in appeal before Deputy Inspector General of Police, CRPF Bhubaneshwar. He also questioned the order dated 17th July, 1993 in a writ petition before High Court of Delhi. The writ petition was disposed of with a direction to the Disciplinary Authority to take afresh decision in the matter having regard to outcome of his appeal. The appellate authority held the charge, charge of altercation to have not been found proved. However finding on second charge i.e., physical assault was maintained.

(3.) The Disciplinary Authority vide order dated 25th March, 2008 maintained the punishment even on the basis of finding returned on the second charge i.e., one alleging physical assault on Nk. Kedar Nath Singh. The aforesaid order was again called in question in an appeal before the Appellate Authority. The Appellate Authority modified the punishment and converted 'Removal from Service' to 'Compulsory Retirement with Service Gratuity'. The appellant's further challenge to the order of Appellate Authority before the Revisional Authority did not meet any success.