- (1.) The special appeal has arisen from a judgment of the learned Single Judge dated 27 August 2014 dismissing a writ petition filed under Article 226 of the Constitution.
(2.) The appellants were recruited as Constables in the Central Reserve Police Force (CRPF) in 2002. They were initially imparted training at the Group Centre CRPF, Rampur. After completing fourteen weeks of training, they were required to undergo the rest of the basic training at Recruits Training Centre-III, CRPF Pallipuram in Kerala. An incident took place while the appellants were in journey aboard the Kerala Express on 28 October 2002. Certain girl students and teachers of the Beersheba English Medium Public School, Pipariya, Hoshangabad, who were also travelling on the train, complained that they had been molested and were subjected to misbehaviour by personnel of the CRPF travelling on the same train. The train was stopped at Alwaye Station where the Railway Police registered Criminal Case No.75 of 2002 under Sections 143, 145 and 147 of the Railways Act and Sections 232 and 354 of the Indian Penal Code. The appellants were allowed to proceed to their destination. Subsequently, an identification parade was held during the course of which the teachers and students allegedly identified the CRPF recruits including the appellants. After identification, the recruits were arrested by the police. Fifteen recruits including the five appellants were served with orders of termination on 22 October 2002. These orders of termination simplicitor were passed under the provisions of Sub-Rules (1)(a) and 2(a) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965 read with Rule 16(a) of the Central Reserve Police Force Rules, 1965(the Rules). The names of the appellants were ordered to be struck off from the strength of the General Commandant, CRPF Rampur with effect from the same date.
(3.) The appellants and a group of recruits whose services were terminated filed writ proceedings before the Kerala High Court. By a judgment and order dated 15 January 2003, a learned Single Judge of the Kerala High Court disposed of the petition on the ground of an alternate remedy which was available under Rule 28 by relegating them to the pursuit of that remedy. Following this, the Inspector General (Operations and Training) passed an order on 30 May 2003 holding that the group of fifteen recruits had behaved in a manner unbecoming of a government servant; that they had indulged in misbehaviour and rowdy conduct by picking up a quarrel with co-passengers including women and girls while travelling from New Delhi to Thiruvananthapuram. They were held not to deserve to be members of a disciplined force, such as the CRPF, and their representation for reinstatement in service was rejected.;