NUMBER 710593832 C/DVR NAGENDRA PATHAK Vs. UNION OF INDIA & OTHERS
LAWS(GAU)-1994-5-26
HIGH COURT OF GAUHATI
Decided on May 04,1994

Number 710593832 C/Dvr Nagendra Pathak Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents




JUDGEMENT

J.N. Sarma, J. - (1.)This application under Art. 226 of the Constitution of India has been filed to quash the impugned orders dated 12.7.89 Annexure A; 18.8.89 Annexure B; 16.9.89 Annexure C and 16.9.89 Annexure D with a direction to the respondents to reinstate the petitioner in service with all consequential benefits.
(2.)Annexure A is an order by the Additional DIG, CRPF, Guwahati by which the petitioner was placed under suspension with immediate effect in contemplation of a departmental proceeding. This is dated 12th July, 1989.
(3.)Annexure B is an order dated 18th Aug., 1989 by the Additional DIGP, CRPF, Guwahati, this order is quoted below:-
"Whereas the said No. 710593832 Ct/Dvr Nagendra Pathak of this GC while functioning as Ct/Dvr committed an act of indiscipline in the capacity as a member of the Force U/s 11 (1) of CRPC Act 1949 read with Rule 27 of CRPF Rules 1955 in that

(a) while he was attached with Base Hospital-III CRPF Gauhati for Mt. duties, he outraged the modesty and un-naturally misbehaved with a minor girl aged about 8 to 10 years in the toilet room of DMO of BH-III on 11.3.89 at about 1640 hrs. This act of indiscipline was seen by Dr. KKB Dhemera GDO, Gr. I of BH III who was on duty.

2. And whereas I am satisfied that it is not reasonably practicable to hold a regular Departmental Enquiry into misconduct for the fact and circumstances set out below :

(i) It would be highly prejudicial in the general interest and discipline of the Force.

(ii) I have met the parents of the child who have expressed their helplessness to come into open for witness because the life of the child (girl) will be at a stake as the girl has developed a fear of panic in her mind. Also they will be confronted with social difficulties in arranging her marriage if it is known to the people on his caste/area.

(iii) Dr. KKB Dhemera Medical Officer on duty at the relevant time has seen the misdeed committed by No. 710593832 Ct/Dvr Nagendra Pathak with the minor girl. There is no reason to disbelieve the report of Doctor. The delinquent No. 710593832 Ct/Dvr Nagendra Pathak has also himself admitted his guilt.

3. And whereas I am satisfied that in the aforesaid facts and circumstances, invoking of the provisions of the Rule 27 (6) (cc) (ii) of the CRPF Rules 1955 is only practicable and prudent course of action.

4. And whereas on a consideration of the facts and circumstances of the case and the degree of involvement of No. 710593832 Ct/Dvr. Nagendra Pathak in the aforesaid acts of indiscipline and misconduct, I am satisfied that the penalty of dismissal from the Force would be adequate punishment.

5. Now, therefore, in the exercise of the powers conferred by sub-rule 27 (6) (cc) (ii) of the CRPF Rules, 1955, I hereby order that No. 710593832 Ct/Dvr Nagendra Pathak of GC CRPF Gauhati be Dismissed from service with immediate effect from the date of issue of this order.

6. His period of suspension will be treated as such and he will not be entitled to draw any thing more than what he has already been paid by way of subsistence allowance.

7. All medals and decorations earned by the said No. 710593832 Ct/Dvr Nagendra Pathak during his accountable service are hereby ordered to be forfeited under the provisions of section 12(1) of CRPF Act,1949."



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