Sudhir Agarwal, J. - (1.) Heard Sri Indra Prasad Yadav, learned counsel for petitioner and Sri P.D. Tripathi, learned counsel for respondents.
(2.) This writ petition under Article 226 of Constitution of India has been filed by sole petitioner, Banwari Lal who was a Constable in Central Reserve Police Force (hereinafter referred to as "C.R.P.F."), assailing order dated 13.12.2003 (Annexure-7 to writ petition), whereby punishment of dismissal has been imposed upon him by Commandant 104 Batallian, Rapid Action Force (C.R.P.F.), Aligarh in purported exercise of power under Section 11(1) of Central Reserve Police Force Act, 1949 (hereinafter referred to as "Act, 1949") read with Rule 27 of Central Reserve Police Force Rule, 1955 (hereinafter referred to as "Rule, 1955"). Petitioner has also been denied full salary for the period of suspension and the same has been confined to amount of subsistence allowance already paid. All his medals, decorum etc., earned in service have been forfeited. He has also challenged Appellate Authority's order dated 27.05.2004 passed by Deputy Inspector General, C.R.P.F., New Delhi, dismissing petitioner's appeal and Revisional Order dated 19.09.2005 passed by Inspector General of Police, C.R.P.F., New Delhi dismissing petitioner's revision.
(3.) A charge-sheet dated 12.12.2002 was served upon petitioner containing two charges which read as under :- "Item 1:- Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, Central Reserve Police Force, remained absent from his duty from 23.9.02 to 25.11.02 without any permission/ sanction of leave by the competent officer, thus showing disobedience, misconduct and negligence towards his duties as a member of the Force. Two days' casual leaves from 20.9.02 to 21.9.02, with permission for Sunday, had been sanctioned to Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, C.R.P.F. The aforesaid official was to report back for his duty on 23.9.02 but he failed to do so; and after absence of 64 days he reported at the Battalion headquarters on 25.11.02 (A.N ). Though Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, Central Reserve Police Force has as a member of the Force, committed disobedience, wherein he remained absent from duty for 64 days without any permission/ sanction of leave by the competent officer, which is punishable under Section 11 (1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of Central Reserve Police Force Rules, 1955." Item-2: Two days' casual leaves from 20.9.02 to 21.9.02 with permission for 22.9.02 had been sanctioned to Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, C.R.P.F. The official was to report back on 23.9.02, but he failed to report on the specified time and remained absent from duty for 64 days i.e. from 23.9.02 to 26.11.02 without any permission/ sanction of leave by the competent officer. The official was vide letter no L.De. 2/02 D/ 104 dated 28.9.02 and 28.10.02 directed to report back for duty immediately but the official, ignoring orders passed by higher officers, remained absent from his duty without permission. However, Force No 913227509 Cons Banwari Lal, D/104 Battalion- Rapid Action Force, C.R.P.F., as a member of the Force, committed disobedience, wherein he did not comply with the orders passed by his superior officers which is punishable under Section 11 (1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of Central Reserve Police Force Rules, 1955, which contains the list of documents on the basis of which counts of charges levelled against Force No 913227509 Cons Banwari Lal of D/104 Battalion, Rapid Action Force, C.R.P.F., Aligarh are proposed to be proved." (English Translation by Court);