SHISH RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned Single Judge, while hearing the writ petition, considered the judgment of the Division Bench of this Court in Shyamsingh v. Deputy Inspector General of Police, CRP, Ajmer and Ors., 1965 AIR(Raj) 140, and took a view that penalty of dismissal can only be awarded under Section 12 of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'the Act of 1949') and not under Section 11 of the Act of 1949, as held by the Division Bench in Shyamsingh's case. Therefore, he vide his order dated 30.11.2009 directed the Deputy Registrar (Judicial) to place the matter before Hon'ble the Chief Justice to constitute appropriate Bench for reconsideration of Division Bench judgment in Shyamsingh's case (supra).

(2.) As directed by the learned Single Judge, the Deputy Registrar (Judicial) placed the matter before Hon'ble the Chief Justice, who vide order dated 15.04.2010 constituted our Bench.

(3.) We have heard the learned Counsel for both the parties at length and examined the reasonings given by the learned Single Judge as well as Division Bench of this Court in Shyamsingh's case in the light of Sections 11 and 12 of the Act of 1949.