UNION OF INDIA Vs. GURDEEP SINGH

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 27.12.2001 passed by the learned Writ Court in SWP No. 18/2000 titled Gurdeep Singh v. Union of India and ors, whereby, the learned Single Judge allowed the writ petition of petitioner-respondent herein by setting aside order dated 29.11.1999, impugned in the writ petition.

(2.) Before we come to the actual controversy, it is relevant to notice brief resume of the facts, as emerged from the pleadings of the parties.

(3.) On 31st July, 1995, at about 1330 hours, during surprise check roll call, writ petitioner/respondent herein was found absent from the Campus. He committed a grave mis-conduct under Section 10 (n) of CRPF Act, 1949. Writ petitioner/respondent was further involved in trying to outrage the modesty of a ten years old girl and committed an offence under Section 354 IPC. He was, accordingly, tried under Section 10(n) of CRPF Act, 1949 read with Section 354 IPC/Rule 36 of CRPF Rules, 1955 and sentenced to undergo one year rigorous imprisonment. Consequently, as a result of conviction, the writ petitioner/respondent was dismissed from service with effect from 07.08.1995 under Section 12 (1) of CRPF Act, 1949. Writ petitioner/respondent preferred a Criminal Appeal against his conviction before 2nd Additional Sessions Judge, Jammu and ultimately, learned 2nd Additional Sessions Judge, Jammu vide order dated 23.02.1998, set aside the conviction and sentence imposed upon the writ petitioner/respondent. Thereafter the writ petitioner / respondent was reinstated in service but placed under suspension. A disciplinary inquiry was held against him. Disciplinary inquiry proceedings were completed and on the basis of the findings, the writ petitioner/respondent was removed from service.