UNION OF INDIA & ORS. Vs. RAM LAKHAN SHARMA

JUDGEMENT

(1.) These appeals have been filed by the Union of India questioning the judgments of the Gauhati High Court by which writ petitions filed by the respondents challenging their orders of removal were allowed by setting aside the removal/dismissal orders and the respondents were directed to be reinstated. The High Court had allowed the writ petitions filed by the respondents on more or less similar grounds, hence, it shall be sufficient to notice the facts and pleadings in detail in Civil Appeal No.2608 of 2012 for deciding this batch of appeals. Civil Appeal No. 2608 of 2012

(2.) The respondent- Ram Lakhan Sharma was appointed as constable in the Central Reserve Police Force (hereinafter referred to as "CRPF") on 10.04.1991. On 23.10.1999 while he was posted as constable 11 Bn., CRPF at Agartala, Tripura he went out from Guard duty at 09.00 a.m. and returned back at 09.50 a.m. In the afternoon, an allegation was made by one lady Smt. Gita Paul making allegation of rape against the respondent and First Information Report was registered on 23.10.1999 at the Police Station under Section 376 IPC.

(3.) On 23.10.1999 the appellant was placed under suspension. On 04.12.1999 chargesheet was issued to the respondent containing articles of charges I and II. First charge was that the appellant remained absent without proper permission of competent authority with consent of his Guard Commander from his duty on 23.10.1999 from 0900 hrs. to 0930 hrs. Second charge was that he while functioning as constable (Guard) has committed an act of misconduct in his capacity as a member of the force in that he tried to do sexual intercourse with a woman with mutual consent by giving money which amounts to indiscipline/moral turpitude.