- (1.) R. B. Misra, J. Heard Sri J. S. Tomar learned Counsel appeared on behalf of the petitioner as well as learned Standing Counsel appeared on behalf of the respondent.
(2.) IN this petition the orders dated 9-12-1997 and 4-12-1998 passed by the respondents dismissing the appeal and the revision against the dismissal from service was challenged by the petitioner. It appears that the petitioner while functioning as Constable in 46 Bn. CRPF during December 94 committed an act of misconduct in his capacity as a member of the Force under Section 11 (1) of CRPF Act, 1949 in that he after being relieved by GC, CRPF Rampur (U. P.) on transfer to this unit on 2-12-1994 (AN) sought permission to avail 7 days casual leave and did not report in the unit and absented himself from duties w. e. f. 15-12-1994 (FN) till ordering of D. E. without any information/permission from the competent authority. Sri Surjeet Singh D/c of 46 Bn, CRPF was appointed as enquiry officer to enquire into the charge framed against Ex. Ct. Rajendra Singh Yadav. A full fledged enquiry was conducted and he was given full opportunity to defend his case but he did not produce any evidence/documents in his support. On the basis of evidence adduced during the course of enquiry, the articles of charges framed against him was proved beyond any shadow of doubt. As a result of departmental enquiry the disciplinary authority i. e. , Commandant 46 Bn. CRPF has relied upon the enquiry report, found Ex Ct. Rajendra Singh Yadav not a fit person to be retained in the force and passed the order of dismissal of said Ex. Const. from service w. e. f. 9-9-1995 ANG vide his office order No. P. VIII-4/95, 46 EC-II dated 9-9- 1995. Aggrieved with the orders of punishment of dismissal from service No. 880820521 Ex. Ct. Rajendra Singh Yadav preferred an appeal dated 6-6-1997 to the DIGP, CRPF, Rampur (U. P.) against the aforesaid order of Commandant 46 Bn. CRPF. The appellate authority i. e. , DIGP, CRPF, Kanpur (U. P.) considered the appeal of the said individual and rejected the same vide his office order No. R-XIII-1/97-I dated 9-12- 1997 after due consideration.
(3.) AGGRIEVED with the order of the appellate authority i. e. , DIGP, CRPF Rampur (U. P.) said Ex. Ct. Rajendra Singh Yadav moved to High Court of Allahabad for redressal of his grievance and filed Writ Petition No. 27601/98. Since the provisions of revision petition is provided under 20 of the CRPF Act and Rules 1955 against the orders passed, in the appeal, the High Court Allahabad dismissed W. P. filed by said Ex. Ct on the ground of alternative remedy. Following the Courts judgment given in his Writ Petition Ex. Ct. Rajendra Singh Yadav submitted a revision petition. However, after going through the entire service career of the petitioner the Inspector General of Police CS CRPF Lucknow (U. P.) respondent No. 1 rejected the revision of the petitioner vide its order dated 4-12-1998. In the impugned order it was mentioned that the petitioner did not produce medical certificates during the course of D. E. which he failed to do so for the reasons best known to him. However, it is noticed that as per photocopy of medical certificate the petitioner remained admitted in Hospital w. e. f. 13-12-1994 to 22-7-1995 whereas he was arrested by the Addl. DIGP, GC, CRPF, Rampur (U. P.) on 22-7-1995 from quarter No. 18 Type-I special GC, CRPC, Campus Rampur, this shows that the medical certificate is either false or fabricated. The date year of Medical certificate is also tampered at two/three places and it has not been attested by the CMO.;