MADAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) In the instant petition filed under Article 226 of the Constitution of India, the petitioner implores for the following reliefs:

(2.) The facts under the shade and cover of which the aforesaid reliefs have been prayed by the petitioner are that the petitioner came to be appointed as a Constable in the Central Reserve Police Force (for short "CRPF") on 26/2/1991 under No. 910890222 and that he had drawn a 9 mm Pistol Butt No. 06 Body No. 2975 Magazine and its 10 live rounds from C/89 Kote at Bilaspur on 31/10/2003 while escorting with QRT/89 of the Commandant-Sh. S.S. Sandhu to Ambikapur (Chhatisgarh) for performing election duties and after performing the said duties, the QRT/89 along with the Commandant moved to Raipur for dropping him at Airport on 5/12/2003 and while leaving Raipur Airport, the said Commandant handed over the said Pistol along with 10 live rounds to the petitioner with a direction to deposit the same in C-89 Kote, Bilaspur and that the petitioner returned back to Ambikapur on 6/12/2003, however, could not deposit the Pistol in question in C-89 Kote, as the company in which he was deputed was deployed at far off place from the Unit Headquarter and on 7/12/2003, the petitioner reached Rourkela (Orissa) in the evening, where no Kote was functioning and the petitioner again was unable to deposit the Pistol and was, as such, compelled to retain the same in his custody and the said fact was also known to Sub Inspector Jai Singh Tomer, who was ordered to proceed to Unit Hqr./89 Ferozpur (Punjab) on 8/12/2003 by Adjutant/89-Shri Amit Choudhary and the petitioner being part of the said company commenced his journey also to Unit Headquarter 89 Ferozpur and during the travel in the train suitcases of the petitioner containing the pistol and magazine in question as well as of Sh. Sunil Kumar, DC were stolen enroute and that the petitioner informed SI-Jai Singh Tomer about the same and a search was also made and consequently an FIR was lodged at Jhansi and that on 23/2/2005 and that false and frivolous charges were leveled against the petitioner, alleging neglect of duty/remissness in discharge of his duty, by the respondents in terms of Sec. 11(1) of the CRPC Act, 1949 (for short, the "Act of 1949") alleging therein that the petitioner lost the Pistol in question alongwith 10 live rounds and one magazine from his possession and that similar charges were also leveled against SI-Jai Singh Tomer and that on the basis of the said charges leveled against the petitioner, the respondents conducted an enquiry not in breach of the provisions of the Act of 1949 and CRPF Rules of 1955 (for short, the "Rules of 1955") and in terms of order dated September, 2006, the respondents removed the petitioner from service with effect from the date of serving of the order and feeling aggrieved whereof, the petitioner preferred an appeal to the Inspector General of Police, CRPF, which, however, was not decided, necessitating filing of the instant petition.

(3.) The petitioner has maintained the instant petition on the following grounds:-