HRIDAY DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. Paul, learned counsel for the petitioner and Mr. C. Sharma Baruah, learned Central Government Counsel (CGC) for the respondents. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 16.07.2008, passed by the Commandant, 15th Battalion, Sashastra Seema Bal (hereafter, referred to as 'SSB, in short), Bongaigaon, imposing the penalty of dismissal from service on the petitioner as well as the appellate order dated 11.11.2008, affirming the penalty imposed and for a direction to the respondents to reinstate the petitioner in service with all consequential benefits.

(2.) Case of the petitioner is that he was serving as Constable (General Duty) in the 15th Battalion, SSB. By order dated 22.09.2007, passed by the Commandant, it was stated that a case against the petitioner for an offence of physically assaulting Constable (General Duty) Rajesh Singh was under investigation. Therefore, exercising powers under Rule 10(1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, (hereinafter, referred to as the '1965 Rules') read with Rule 27(A) of the Central Reserve Police Force (CRPF) Rules, 1955 (hereinafter, referred to as 'CRPF Rules, 1955'), petitioner was placed under suspension with immediate effect.

(3.) When a Court of Inquiry was convened to enquire into the circumstances under which petitioner and another Constable, Sri Dilip Chandra Deka, physically assaulted and caused grievous injuries to Constable Rajesh Singh and to fix responsibility, if any, on the person, who caused injuries to Rajesh Singh, the Court of Inquiry submitted its report to the Commandant on 14.12.2007. Court of Inquiry opined that petitioner had abused Rajesh Singh and had showed him a khukri. Petitioner tried to cock his weapon towards Constable Rajesh Singh. His intention towards Rajesh Singh was not bona fide. On the other hand, it was opined that Sri Dilip Chandra Deka had assaulted Sri Rajesh Singh by a stick because of which Rajesh Singh fractured his right hand. Court of Inquiry recommended strict disciplinary action against Sri Dilip Chandra Deka and imposition of minor punishment on the petitioner.