TAJ MOHD. Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was enrolled in Central Reserve Police Force (CRPF) way back in the year 1990. He was dismissed from service vide order No. P. III -4/2002 -49 -EC -II dated 10.06.2004. Petitioner preferred an appeal against the dismissal order. The appeal did not meet any success and was dismissed vide order No. R.XIII.8/04 -EC.III dated 4.11.2004. The dismissal order dated 10.6.2004, the order of appellate authority dated 4.11.2004 as also the enquiry proceedings conducted against the petitioner, are called in question in the writ petition on hand. Before proceeding further to examine merits of the case projected in the petition, it would be appropriate to take an overview of the background facts. Petitioner on 11.11.2002 while posted as CT/GD Det/49Bn Rajouri allegedly quarreled with his colleague CT/GD Shyam Kishore Sinha, used filthy language and inflicted an injury on his forehead. He allegedly threatened the victim with his service rifle and threw a plate of hot rice at the victim resulting in burn injuries.

(2.) THE occurrence dated 11.11.2002 prompted the Commandant Dett/49 Bn, CRPF to direct a preliminary enquiry into the matter and place the petitioner under suspension vide order dated 12.11.2002. The outcome of preliminary enquiry lead to a full fledged departmental enquiry ordered vide order dated 11.12.2002. The charges leveled against the petitioner read as under:

(3.) THE Enquiry Officer Shri Gajrang Singh, 2nd in Command 40th Bin CRPF submitted the enquiry report on 21.4.2003 to Disciplinary authority. The Enquiry Officer held all the charges proved against the petitioner.