Patna High Court
Surinder Prasad vs The Union Of India on 10 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18899 of 2021
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Surinder Prasad son of Late Rajindra Prasad resident of V- 3S, Nyay Khand,
Indrapuram, P.S.- Indrapuram, Distt.- Gaziabad (UP) presently residing at
Officers Mess, Central Reserve Police Force (CRPF) Head Quarter, Digha
Complex, P.O.- Ashiyana Nagar, P.S.- Rajiv Nagar, Town and District- Patna
... ... Petitioner/s
Versus
1. The Union of India through the Secretary, Ministry of Home Affairs, New
Delhi- 110001
2. The Director General of Police, Central Reserve Police Force, Block No. 1,
CGO Complex, Lodhi Road, New Delhi- 110001
3. The Inspector General of Police (Works), Directorate General, Central
Reserve Police Force, Ministry of Home Affairs/GOI (Works Branch), East
Block- 07, Level- 3, Sectore-1, R.K. Puram, New Delhi- 110066
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Satyendra Rai
For the Respondent/s : Dr. Krishna Nandan Singh (Asg)
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 10-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"a. For quashing the memorandum of
charge no. C.IV 01/2021-Vig 8 dated 03.08.2021
issued under the signature of DIG (CR &Vig), CRPF
whereby it has been proposed to hold inquiry against
the petitioner under Rule 14 of the Central Civil
Services (Classification, Control and Appeal) Rules,
1965 with respect to the alleged imputation of
misconduct and misbehaviour as stated in the article of
charges appended to the said memo and for quashing
of the entire departmental proceeding relating thereto
in view of the facts and circumstances stated in this
writ petition.
Patna High Court CWJC No.18899 of 2021 dt.10-02-2022
b. For direction to the Respondents to
produce the preliminary enquiry report of the Internal
Complaints Committee constituted vide order no.
C.IV-01/2021-Vig 8 issued by the Office of Directorate
General, CRPF and to quash the same as well as the
entire proceeding conducted by the said Internal
Complaints Committee in the facts and circumstances
of the case.
c. For any other relief(s) for which the
Petitioner is entitled."
3. Writ petition cannot be entertained insofar as
challenge to the charge memo and enquiry report as held by the
Apex Court in the case of Union of India and Another Vs.
Kunisetty Satyanarayana reported in (2006) 12 SCC 28 .
4. The present petition stands dismissed, reserving
liberty to the petitioner to approach the Disciplinary Authority
raising all the contentions stated in the present petition. The
Disciplinary Authority is hereby directed to examine petitioner's
reply to the second show cause notice along with Enquiring
Officer's report. Disciplinary Authority is hereby directed to
examine each of the contention before passing final order in the
disciplinary proceedings. The disciplinary proceedings shall be
completed within a period of four months.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
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