T. SOLOMON ZOU Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Heard Shri M. Devananda, learned counsel appearing for the petitioner and Shri S. Rupachandra, learned ASG appearing for the respondents. F.R./N.F.R.

(2.) The present writ petition has been filed by the petitioner praying for quashing/setting aside the impugned orders dated 28-07-2011, 13-04-2012 and 10-02-2014 issued by the respondents.

(3.) According to the respondents, the petitioner joined the Central Reserved Police Force (CRPF) as Constable (GD) in the Manipur & Nagaland Sector and served for about 8 (eight) years. A disciplinary enquiry was initiated against the petitioner under section 27 of the CRPF Rules, 1955 on the charge that the petitioner had fired one round of ammunition from his service rifle on 19-04-2011 without sufficient cause and accordingly, a memorandum dated 04-05-2011 enclosing therewith the charges and list of witnesses was issued to the petitioner with the direction that enquiry be commenced within 48 hours of the receiving the memorandum or submission of the reply by the petitioner. Since no reply was submitted by the petitioner, another memorandum dated 24-05-2011 was issued appointing Shri S.K. Yadav as Enquiry Officer. During the course of preliminary enquiry on 28-05-2011, the charges were read over to the petitioner and on being pleaded by the petitioner not guilty, the Enquiry Officer proceeded with the enquiry, examined the witnesses and the petitioner was given opportunity to cross-examine the witnesses though he refused to do so. Thereafter, the petitioner was given 15 days time to produce documents/witnesses in his defence and since no documents/witnesses was produced nor did he submit any reply till 29-06-2011, the Enquiry Officer concluded the enquiry and submitted his report/proceeding to the Competent Authority on 04-07-2011, on the basis of which the Commandant of the Battalion passed the impugned order dated 28-07-2011 awarding the petitioner a penalty of removal from the force.