SARAN NARZARY S/O SRI BIRESH NARZARY Vs. THE UNION OF INDIA AND OTHERS
LAWS(GAU)-2018-1-137
HIGH COURT OF GAUHATI
Decided on January 18,2018

Saran Narzary S/O Sri Biresh Narzary Appellant
VERSUS
The Union Of India And Others Respondents

JUDGEMENT

HRISHIKESH ROY,J. - (1.) Heard Mr. D.R. Gogoi, the learned Counsel for the petitioner. The respondents are represented by Mr. S.S. Roy, the learned CGC.
(2.) The petitioner was posted as a Constable (GD) in the 151 Bn. of the CRPF to which, on 13.5.2008 he was transferred from the 31 Battalion of the same organization. The challenge here is to the order dated 30.9.2008 (Annexure-11), whereby, the petitioner was terminated from service, in pursuant to a Disciplinary Proceeding.
(3.) The departmental inquiry was initiated through the Charge Memo dated 26.6.2008 (Annexurfe- 4) under Rule 27 of the Central Reserve Police Force, Rules, 1955 (hereinafter referred to as "the CRPF Rules"). The Statement of Allegations being relevant, is extracted hereinbelow for ready reference :"Charge-1 1. That A/151 BN, CRPF NO.055130375 CT/GD, Saran Narzary, being the member of the Force Considered to be guilty of his disobedience, neglect of duty, or remissions in the discharge of his duty or of other misconduct in his capacity as a member of the Force is legally responsible under Section 11(1) of the Central Reserve Police Force, Act, 1949, in which Saran Narezary on 6.6.2008 while going on 15 days casual leave, at Jammu Railway Station, the RPF and other local police while checking him and his luggage recovered 23 live rounds of 5.56 Insas Rifle which depicts his indiscipline which is against the discipline as well as the rules of the Force. Charge-2 2. That A/151 BN, CRPF NO.055130375 CT/GD, SARAN NARZARY, being the member of the Force Considered to be guilty of his disobedience, neglect of duty, or remissions in the discharge of his duty or of other misconduct in his capacity as a member of the Force is held liable under Section 11(1) of the Central Civil Services (Discipline) rules, 1964, in which Saran Narezary who was posted in 31 BN CRPF illegally kept 23 live rounds of 5.56 INSAS Rifle, the information regarding which he did furnish to his higher authority either in 31 BN or 151 BN. In this way the accused concealed the facts and on 6.6.2008 while going on 15 days casual leave at Jammu Railway Station the RPF and other local police while checking him and his luggage recovered 23 live rounds of 5.56 INSAS Rifle which depicts his indiscipline and well organized rules of the Force.";


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