UNION OF INDIA AND ORS Vs. SHISH RAM

JUDGEMENT

(1.) The instant intra-court appeal has been filed against order of ld. Single Judge dt. 26th August, 2010 while setting aside the order of penalty dt. 6th February, 1996 and appellate order dt. 15th October, 1996 directing the appellant to reinstate respondent-employee in service with 50% of the consequential benefits along with continuity of service and other consequential benefits.

(2.) The facts, in brief, which are relevant for the present purpose are that respondent-employee was recruited as a Constable in the Central Reserve Police Force (for short 'CRPF') on 29th August, 1985 and while he was posted with 74th Battalion (Rohtak), being a permanent resident of village Kaulaud Khurd, Sikar, applied leave for 50 days with permission to go to his native place for the period from 28.9.1995 to 16.11.1995 but to his dismay, while he was travelling in train an F.I.R. was lodged by Government Railway Police Constable Jagdish Prasad at Government Railway Police Station, Sikar against the respondent-employee on 2nd November, 1995 alleging that while he was checking tickets from the passengers and has charged Rs.20/- from one Mohd. Abdul for not having any ticket for the luggage and holding guilty for offence under Section 170 IPC he was arrested in the criminal case registered against him on 2nd November, 1995, but according to the respondent-employee, the FIR was completely false and in fact dispute arose when some altercation took place between him and constables of GRPS, which resulted into filing of false criminal case against him and he informed the SHO, GRPS, Sikar that he is a constable in 74 Battalion of CRPF. He also informed about his belt number and place where the Battalion was stationed and the SHO, thereafter, immediately intimated his Company Commandant through wireless message on 2nd November, 1995. The offence under Section 170 IPC for which the respondent-employee was arrested being bailable and on furnishing bail bonds and security bonds, he was released on 3.11.1995 subjected to trial in the court of Addl. Chief Judicial Magistrate (Railway), Jaipur City from where he was honourably acquitted. After availing the leave when he reported back to duty as alleged that he did not inform the authority about his arrest despite the fact that the information was sent from GRPS, Sikar by a wireless message about his arrest and for alleged misconduct he was placed under suspension on 24th October, 1995 and a charge-sheet for major penalty under Rule 27 of the CRPF Rules was served upon the respondent employee on 19.12.1995 and the allegation against him was that he involved himself in the offence punishable under Section 170 IPC and did not inform the fact of his arrest to his superiors.

(3.) Immediately, after service of the charge-sheet, reply was submitted by the respondent-employee denying all the charges levelled against him. However, the enquiry officer in his report dt. 30th January, 1996, which is very cursorily prepared without even indicating the statements of the witnesses and documentary evidence placed during the course of enquiry, held the charges proved and the disciplinary authority on acceptance of the finding of the enquiry officer inflicted penalty of dismissal from service vide order dt. 6th February, 1996 and on appeal being preferred, the appellate authority on rejection of appeal upheld the order of penalty, which was subject matter of challenge by filing writ petition before the ld. Single Judge.