Decided on April 20,2007

LAL SINGH Appellant
UOI Respondents


T.S.THAKUR, J. - (1.) In this petition for a writ of certiorari, the petitioner assails an order dated 30th September, 2005 compulsorily retiring him from service as a measure of punishment on proof of misconduct alleged against him. An appellate order dated 30th May, 2006 dismissing the appeal preferred by the petitioner has also been assailed with a prayer for reinstatement of the petitioner in service
(2.) The petitioner was working as Inspector General (Ministerial) in the CRPF Group Centre at Jharonda Kalan, New Delhi during the relevant period. A complaint filed by one Karamvir, S/o Ram Kishan, R/o Village Salodha, District Jhajjar (Haryana) which incidentally happens to be the petitioner's native village also was received in the office of the Additional DIGP, Group Centre alleging that the petitioner had taken Rs.50,000/- as bribe from Sh. Hari Prasad, the brother of the complainant for getting him recruited in the CRPF. Sh. Hari Prasad having passed away in a road accident, a demand for return of the money was allegedly made to the petitioner which was declined by him. A departmental inquiry was initiated against the petitioner on the above allegation in which the following charge was framed against him : "That Force No. 711510947 Inspector (Min) Lal Singh while posted in Group Centre, CRPF, New Delhi from 22/10/2002 to 03/09/2004 had committed an act of grave misconduct and indiscipline, in his capacity as a member of the Force, under Rule 11(1) of CRPF Act, 1949, in that he had taken bribe from Shri Ram Kishan S/o Shri Sawal Ram, R/o Village : Salodha, Distt : Jhajjar (Haryana) for recruitment of his Hari Prasad."
(3.) The Inquiry Officer nominated for holding an inquiry came to the conclusion that the charge framed against the petitioner stood proved. A copy of the inquiry report was then furnished to the petitioner to enable him to file a written representation against the same. The petitioner in response submitted his reply culminating in the passing of an order dated 30th September, 2005 by the Deputy Inspector General of Police, CRPF imposing upon the petitioner a major penalty of compulsory retirement from service. The said order was then assailed by the petitioner in an appeal preferred before the Inspector General of Police, Northern Sector , CRPF, New Delhi who rejected the same by an order dated 31st August, 2006. Aggrieved the petitioner has filed the present writ petition challenging the aforementioned two orders as already noticed earlier.;

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