- (1.)WHAT is the relevant time for determining the factum of person being a member of the force for the purposes of Sec. 11 of the Central Reserved Police Force Act, 1949, (here -in -after referred to as the Act) is the main question to be determined in this case, when a person is deemed to become the member of the force under Sec. 2(d) of the Act for the purposes of incurring a liability of punishment either under sec. 10 or under Sec. 11 to be determined by reference to various provisions of the law as contained in the Act having regard to the facts and circumstances of the case.
(2.)THE facts giving rise to the filing of this petition are: that the petitioner claims to have joined the CRPF 22nd Bn and serving in the force since 5 2.1969. It is submitted that the petitioner was employed in the force on 5.2.1969 after having undergone the ability test and interview conducted by the authorities at Khannabal (Anantnag). The petitioner claims to have produced the original school leaving certificate issued by the Headmaster, Govt. High School, Qazigund, in support of his date of birth (Annexure P 1) In the year 1981 i.e. about 19 years after he had joined the force, respondent No. 6 initiated disciplinary action against the petitioner vide his letter No. O. 11 -1988 -BN -22 dated 25 -6 -1988 on the alleged ground of the petitioner having filed some school leaving certificate stated to have been issued by the Headmaster, Govt. High School, Khannabal (Anantnag). It is submitted that instead of ascertaining the correctness and the fact whether the alleged certificate which was being made a basis for the disciplinary action against the petitioner, was genuine or not, he was awarded the punishment vide the order impugned. It is submitted that the petitioner had never been a student of Govt. High School, Khannabal but, in fact, had studied at Qazigund. The petitioner was not afforded reasonable opportunity to explain the circumstances or the allegations levelled against him. It is alleged that on the basis of unilateral cryptic enquiry, punishment of removal from service and forfeiture of all medals and decorations was imposed upon the petitioner. The order impugned has been challenged on various grounds as detailed in para 9 of the petition.
(3.)NO counter -affidavit has been filed in the case and the respondents were set exparte vide the court order dated 1.1.1992. I, however, allowed Dr. Bhan, learned Central Govt. standing council, to appear in the case who opted only to address arguments.
I have heard learned counsel for the parties and perused the record.