Lodha, J. - (1.) The petitioner employed as Constable in Central Reserve Police Force (in short 'CRPF' hereinafter) was charge sheeted vide memorandum dated 11.11.91, whereby following charges of mis conduct were levelled against him:- ARTICLE-I That the said No. 830734287 CT Rama Khan while functioning as Constable in ISA committed an act of misconduct in the discharge of his duty in his capacity as a member of the Force u/S. 11(1) of the CRPF Act, 1949, in that on 10.8.1991 at night he with the connivance of civilians namely Amrit Lal, Mangi Lal and a Jeep driver Babu Singh stole 12 corrugated iron sheets (a Govt, property) from MT Part of ISA, CRPF, Mount Abu and sold it to Shri Mohammed Gafoor, Kabari of Manpur village at Abu Road on 12.8.1991. Thus he acted in a manner unbecoming of a member of the force. ARTICLE-II That the said No. 830734287 CT Rama Khan while functioning in the aforesaid office, committed an act of misconduct in the discharge of his duty as a member of Force u/S. 11(1) of CRPF Act, 1949 in that on 11.8.1991 at night he with the connivance of civilians namely Amrit Lal, Mangi Lal and a Jeep driver Babu Singh stole 13 corrugated iron sheets private property belonging to Maharaja of Kishangarh from the premises of Kishangarh House and sold it to Shri Mohammed Gafoor Kabari of Manpur Village at Abu Road on 12.8.1991. Thus he acted in a manner unbecoming of a member of Force. ARTICLE-III That the said No. 830734287 Constable Rama Khan while functioning in the aforesaid office, the said No. 830734287 Ct Rama Khan committed an act of misconduct in the discharge of his duty u/S. 11(1) of CRPF, Act 1949 in his capacity as a member of the Force, in that he was running a private business in partnership with a civilian namely Satish Kumar a General Merchant Shop in Kumarvada, Mount Abu during the period from Feb'91 to August' 91. Thus he acted in a manner unbecoming of a member of the Force."
(2.) The Deputy Assistant Director (H.Q.) ISA, CRPF, Mount Abu was appointed Enquiry Officer to inquire into the charges of misconduct levelled against the petitioner. After conclusion of the departmental evidence, the petitioner was called upon to enter his defence. Accordingly, the petitioner submitted his defence statement to the charge sheet on 9.3.92. After conclusion of the enquiry, the Enquiry Officer submitted an enquiry report, wherein the charge No. 2 was found proved against the petitioner and regarding the charge No. 3, the Enquiry Officer recorded the finding that it could not be proved beyond doubt that the petitioner was running private business but there is preponderance of probability of his having run Kabari business. The charge No. 1 was not found proved.
(3.) After consideration of the enquiry report, the Disciplinary Authority while proposing punishment of dismissal from service, issued a show cause notice to the petitioner. The petitioner submitted a reply to the show cause notice. The Disciplinary Authority while agreeing with the finding recorded by the Enquiry Officer proceeded to hold that the charge No. 2 stands proved against the petitioner beyond doubt and charge No. 3 stands proved on preponderance of probability and accordingly, vide order dated 4.7.92, inflicted punishment of removal from service upon the petitioner.;