Delhi High Court
Gauri Shankar vs Union Of India & Ors on 17 March, 2016
Author: Hima Kohli
$~R-72
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13526/2006
GAURI SHANKAR ..... Petitioner
Through : Mr. Tarun Diwan, Advocate with
petitioner in person.
versus
UNION OF INDIA & ORS ..... Respondents
Through : Dr. Ashwani Bhardwaj, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
% 17.03.2016
1. The petitioner, who was working on the post of a Constable with the
CRPF, has filed the present petition praying inter alia for quashing the order
dated 20.8.2003, passed by the Disciplinary Authority inflicting upon him a
penalty of dismissal from service w.e.f. 20.8.2003. The said dismissal order
was upheld by the Appellate Authority, vide order dated 24.12.2003, and the
revision petition filed by the petitioner against the order of the Appellate
Authority was rejected, vide order dated 12.5.2004.
2. Counsels for the parties have handed over the written synopsis and
exchanged copies thereof with each other.
3. We have perused the records and the evidence adduced before the
Inquiry Officer and have also perused the report dated 21.3.2003 submitted
by the Inquiry Officer, wherein he has opined that both the Articles of
Charges had been proven against the petitioner. The Inquiry Report is fairly
detailed and has extensively referred to the testimonies of the six witnesses
produced by the prosecution. The operative para of the Inquiry Report is
reproduced herein below :
"6. In the light of the foregoing facts, I reach to the
conclusion that No. 943323405 Ct.GD Gauri Shankar Bn65
CRPF during his functioning as member of the force has been
found guilty of disobedience of orders/dereliction of duty/
slackness in discharge of duty and acts of misbehavior towards
his senior officers.
under rule 11 (1) of CRPF Act, 1949 wherein on 17.3.2003
during course of checking by the IInd Commanding Officer in
regard to security accompanied with other officer-DCO(Ops)
and during course of checking of stand to practice Ct.GD
Gaurishanker No. 943323045 went towards his morcha slowly
and when Commanding Officer (IInd) and DCO(ops) asked to
run and said why he was not running while going to his
morcha. In disregard of the orders he shouted loudly saying" I
am running, I am being oppressed and stand to was being
ordered to practiced repeatedly" Even after pacifying him he
was shouting. The DGP on hearing the noise came out of his
office and asked the reason of noise. He instead of keeping
quite kept shouting. When he did not stop shouting despite the
directions to the contrary; the IInd Commanding officer
ordered to co. Commanding to take away belt from Ct. Gauri
Shanker. Getting provoked on this he unchained his rifle and
kept the rifle on ground and went before the IInd Commanding
Officer to handover the belt. Waving the belt before his mouth
he said "aap Kya Kar loge Jyada se jyada belt hi loge; le lo
yah belt aur tum ho kya" during this time the DCO standing
there tried to intervene at which the said sepoy felt provoked
and pushed the DCO(Ops) which act as per a disciplined force
was punishable and as such sepoy G.D. Gaurishanker does not
deserve his retention in a disciplined force.
7. Whereas Ct/GD Gauri Shanker Bn65 of CRPF has been
found fully guilty of the charges on the basis of the perusal of
the statements of prosecution witnesses/documents and the
enquiry report therefore in exercise of the powers conferred on
me under rule 27(a) CRPF Regulations of 1955; I hereby
impose penalty of dismissal from service on Ct/GD Gauri
Shanker of Bn 65 CRPF and accordingly dismiss him from the
services with effect from 20.08.2003. His period of suspension
from 17.3.2003 to 20.8.2003 is regularized as intact and he will
not be entitled of any other pay and allowances apart from
what he had already drawn during his suspension period as
subsistence allowance."
4. At this stage, counsel for the petitioner states, on instructions, that his
client does not wish to press the present petition and instead, he submits that
the petitioner, who is a resident of District Jalaun, UP and owns only two
bighas of land, which he is jointly cultivating along with his four brothers,
may be permitted to submit a representation to the respondents for grant of
compassionate allowance as he has elderly parents to support, apart from his
own family members, including a daughter of marriageable age and a son
twelve years of age, who are still studying.
5. In view of the aforesaid submission, the present petition is disposed of
as not pressed, with liberty granted to the petitioner to submit a
representation to the respondents for seeking compassionate allowance.
6. Counsel for the petitioner states that the said representation shall be
submitted to the competent authority within three weeks along with the
relevant documents.
7. Upon receiving the said representation for compassionate allowance,
the same shall be considered in the light of the financial and other attendant
circumstances of the petitioner, as per law, by the competent authority and a
decision be taken within a period of twelve weeks, under written intimation
to the petitioner.
8. If the petitioner is aggrieved by the decision that may be taken by the
respondents, he shall be entitled to seek his remedies in accordance with
law.
9. The writ petition is disposed of.
HIMA KOHLI, J
SUNIL GAUR, J
MARCH 17, 2016
sk
