UNION OF INDIA AND OTHERS Vs. SHRI PURAN SINGH

JUDGEMENT

(1.) This intra-court appeal is directed against the order dated 13.06.2014 as passed in WP(C) No.121 of 2013 whereby, the learned Single Judge of this Court has found the punishment awarded to the writ petitioner/respondent, of removal from service under Sec. 11 (1) of the Central Reserve Police Force Act, 1949 [hereinafter referred to as "žthe CRPF Act ] to be impermissible in law, for being that of major punishment; and unjustified too, for being disproportionate to the alleged delinquency.

(2.) Having heard learned counsel for the parties and having perused the material placed on record, when we find that the learned Single Judge has overlooked the statutory provisions as also the binding decision of the Hon ble Supreme Court; and has not examined the relevant grounds of challenge by the writ petitioner in the correct perspective, it appears just and proper that the matter be remanded for re-consideration. Thus, when the matter is proposed to be remanded for re-consideration, only a brief reference to the relevant background aspects would suffice.

(3.) The writ petitioner (respondent herein) was serving as Constable in the Central Reserve Police Force [ "žCRPF ]. It was alleged that on 21.05.1998, he did not turn up on duty from 2030 hrs, but was found sleeping in an intoxicated state. It was also imputed that when the concerned Head Constable approached the respondent and asked the reason for not turning up on duty, he replied in an un-parliamentary language under the influence of liquor. On these imputations, the proceedings were drawn up against the respondent under Sec. 11 (1) of the CRPF Act read with Rule 27 of the CRPF Rules, 1955. The Articles of Charges served on the respondent read as under:-