WP(C) 3104/2009. Gauhati High Court
| Case Number | WP(C) 3104/2009 |
| Judgement Date | April 25, 2018 |
| Court | Gauhati High Court |
I N THE GAUHATI HI GH COURT
(HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH)
WP( C) No.3104/ 2009
Bhagwan Singh,
Constable / Driver NO.943331015
Son of Bhudev Singh,
Resident of Village-Bhanera,
P.O.-Bamani, P.S.-Kher, District-Aligarh, Uttar Pradesh-202138.
… Petitioner .
VERSUS
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The Union of I ndia,
Represented by the Secretary to the Ministry of Home, New Delhi
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The Director General,
Central Reserve Police Force,
New Delhi.
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The Deputy I nspector General of Police,
Central Reserve Police Force,
Patna-14 (Bihar).
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The Commandant,
36 Battalion, Central Reserve Police Force, Goalpara, Assam-783121
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The Assistant Commandant / Enquiry Officer, 36 Battalion, Central Reserve Police Force, Goalpara, Assam-783121.
… Respondents .
For the Petitioner : Ms. S. Bora . … Advocate.
For the respondents : Ms. A. Gayan ….. CGC.
Date of hearing & Judgment : 25.04.2017
BEFORE
THE HON’BLE MR JUSTI CE HRI SHI KESH ROY
JUDGMENT AND ORDER ( ORAL)
Heard Ms. S. Bora, the learned Counsel appearing for the petitioner. The respondents are represented by Ms. A. Gayan, the learned CGC.
Page 1 of 6
WP(c) No.3104/2009
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The petitioner was a Constable/ Driver in the 36 Battalion of the C.R.P.F. He challenges the order dated 21.7.2003 (Annexure-D), whereby in pursuant to the Disciplinary Proceeding (D.P), the Commandant of the 36 Battalion has ordered for removal of the Constable/ Driver. Earlier the delinquent was granted earned leave from 4.5.2002 to 2.7.2002 on account of his father illness, but he failed to report back to the Battalion, after completion of the leave period. Then direction(s) were issued on 6.7.2002, 10.8.2002 and 28.9.2002 respectively to the absentee constable, to immediately rejoin the Battalion.
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But when the Constable failed to report back and ignored the commands of the Battalion Headquarters, the arrest warrant was issued against him on
25.10.2002. Then the Board of Officer was detailed to conduct a Court of Inquiry (COI ), under Rule 31 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as “the C.R.P.F. Rules”) through an order dated 10.1.2013. On the basis of the COI proceeding, the delinquent was declared to be a deserter w.e.f.
3.7.2002.
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Thereafter the Charge Memo dated 28.4.2003 was drawn up against the delinquent and it was forwarded by registered post to his home address, so that reply can be given by the absentee Constable. But no response was received and accordingly the Assistant Commandant was appointed as an Enquiry Officer (E.O.) on 14.5.2003 to enquire into the charges, which are extracted hereinbelow, for ready reference :
“Charge No.1:
That during the employment, Bhagawan Singh, Constable/Driver, No.943331015, Battalion Headquarter 36, CRPF by virtue of being a member of the force under the provision of Section 11.1 of the Central Reserve Police Force...
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