UNION OF INDIA & ORS. Vs. ANIL VYAS

JUDGEMENT

(1.) Letters Patent Appeal on hand is directed against writ Court Judgment dated 24-09-2013, whereby writ petition being SWP No. 1570/2012 titled Anil Vyas Vs. Union of India and Others has been allowed and the order dated 13th July 2012, imposing penalty of compulsory retirement from service on respondents/writ petitioner quashed. The Letters Patent Appeal arises against the following backdrop:

(2.) Shri Anil Vyas, Commandant, 163 Battalion, Central Reserve Police Force, Rambagh Srinagar-respondent herein allegedly made overtures to wife of Medical Officer, serving in the same Battalion by sending Cherry Boxes through his security aide to the lady, making repeated phone calls to her and insisting of an exclusive meeting. The lady lodged a complaint with higher authorities in the Force resulting in inquiry by Deputy Inspector General, Central Reserve Police Force, Baramulla. The Officer on inquiry held allegations not proved against respondent. The Inspector General of Police, CRPF, found inquiry report full of lacunae and decided to get it inquired into afresh. On fresh inquiry substance was found in allegations levelled against respondent. The competent authority, on 29th Aug. 2008, directed a regular inquiry to be conducted by Shri S.S. Dogra, Shri V.K. Bisht was appointed as Presenting Officer and later replaced by Shri Ram Krishan. The Additional Deputy Inspector General of Police, CRPF on 29th Aug. 2008. served memorandum of charges on respondent. He responded to charges denying allegation levelled against him.

(3.) Respondent in the meantime, questioned proceedings through medium of writ petition being SWP No. 1516/2012. During pendency of the writ petition, respondent came to know that the appellants had vide Order dated 13th July 2012, awarded major penalty of compulsory retirement from service. The writ petition was disposed of giving liberty to respondent to question the order whereby penalty was imposed.