KANHAIYA LAL S/O PHUNDI LAL Vs. UNION OF INDIA AND ORS
LAWS(GAU)-2018-2-15
HIGH COURT OF GAUHATI
Decided on February 15,2018

Kanhaiya Lal S/O Phundi Lal Appellant
VERSUS
Union of India And Ors Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. R. Mazumdar, the learned Counsel appearing for the petitioner. The respondents are represented by Ms. R. Devi, the learned CGC.
(2.) The petitioner is a former Head Constable (Driver) of the 60 Battalion of the CRPF and the challenge here is to the order dated 30.3.2010 (Annexure-C) whereby, the penalty of compulsory retirement was ordered against the Head Constable. He also challenges the order dated 7.7.2010 (Annexure-E), through which the delinquent's Appeal was rejected by the DIG of CRPF.
(3.) The Disciplinary Proceeding was initiated with the Charge Memo dated 29.7.2009 under Rule 27 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as "the CRPF Rules"). The Article of Charges being relevant, the same are extracted hereinbelow for the ready reference: I "ARTICLE-I That No.850863303 Kanhaiya Lal of HQ/60 Bn. CRPF, while functioning as HC/Dvr. has committed a serious misconduct in discharge of his duties in his capacity as a Member of the Force under Section 11(1) of CRPF Act, 1949 in that while on Govt. duty, he was driving the vehicle Regn. No. MH-14-V-7591 TATA-407, Turbo Model 2002 on 03/01/2009 in which he was found under the influence of alcohol and in highly intoxicated state" "ARTICLE-II That No.850863303 Kanhaiya Lal of HQ/60 Bn. CRPF, while functioning as HC/Dvr. has committed a serious misconduct in discharge of his duties in his capacity as a Member of the Force under Section 11(1) of CRPF Act, 1949 in that while performing the official duties in the capacity of Driver of Govt. Vehicle, on 03/01/2009 he drove the Vehicle Regn No. MH-14-V-7591 TATA-407, Turbo Model 2002 in a negligent manner under influence of alcohol due to which he lost control of the vehicle and the vehicle fell down into 75 feet deep ditch which resulted in the loss of Govt. property (vehicle) to the tune of RS.12,830/-";


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