- (1.) Instant special appeal has been preferred against order of the learned Single Judge dated 23.7.2014.
(2.) The present appellant was working as a Lance Naik in 3rd Battalion of Central Reserve Police Force. For the alleged delinquency which has been committed on 21.10.1996, a joint enquiry was conducted against three officers of 3rd Battalion of CRPF under Rule 27 of the CRPF Rules, 1955, and it will be appropriate to quote all the four charges levelled against the three incumbent/delinquents including the present appellant : "1. 730330335 HC Vijay Pal Singh 2. 821120208 LNK Raj Kumar Singh 3. 840350214 LNK Ganga Ram Singh Article-I That the said No.730330335 HC Vijay Pal Singh, 821120208 LNK Raj Kumar Singh and No.840350214 LNK Ganga Ram Singh while functioning as such in A/3rd Bn. CRPF during the period from 2000 hrs to 2030 hrs on 21/10/96 committed misconduct in their capacity as a member of the force U/s 11(1) of the CRPF Act, 1949 in that they consumed liquor in the Coy-lines violating instructions on the subject resulting in a shooting incident. Article-II That during the aforesaid period and while functioning as such in the aforesaid Coy. the said No.730330335 HC Vijay Pal Singh and 840350214 LNK Ganga Ram Singh were guilty of misbehaviour in their capacity as a member of the force U/s 11(1) of CRPF Act, 1949, in that they after consuming liquor in the Coy-lines entered into an argument with each other and quarrelled amongst themselves on 21/10/96 at about 2030 hrs. Article-III That during the aforesaid period and while functioning in the aforesaid Coy.No.730330335 HC Vijay Pal Singh was guilty of misconduct in his capacity as a member of the force U/s 11(1) of CRPF Act, 1949 in that he as a senior person failed to exercise proper command and control in stopping his subordinates from consuming liquor in the Coy-lines and in turn became a party to this act. He also failed to report the incident of LNK Raj Kumar Singh inflicting bullet injury to LNK Ganga Ram Singh, to his senior officers. Article-IV That during the aforesaid period and while functioning in the aforesaid Coy.No.821120208 LNK Raj Kumar Singh, was guilty of misconduct in his capacity as a member of the force U/s 11(1) of CRPF Act, 1949 in that he misused his rifle giving to him which resulted in causing injury to LNK Ganga Ram Singh."
(3.) It is not disputed that after regular departmental enquiry was held all the four charges were found proved against the delinquent-appellant, also against the other two delinquents who were named and participated in the joint enquiry. The disciplinary authority accepted the fact finding report furnished by the enquiry officer, and while upholding the nature of guilt of the present appellant, punished him with the penalty of dismissal from service vide order dated 16.8.1997 and in the departmental appeal preferred, after due appreciation of evidence, which came on record, during the course of enquiry, and availing all departmental remedies available, came to be dismissed which were subject matter of challenge by filing of a writ petition before learned Single Judge of this court.;