Rajasthan High Court
Ramraj Meena vs Union Of India And Ors on 10 December, 2021
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 5221/2018
No. 970250021 Sep/driver Ramraj Meena Son Of Shri Asha Ram
Meena, Resident Of Village Chakri, Post Chakri, Police Station,
Malarna Dungar, District Sawai Madhopur Rajasthan.
----Petitioner
Versus
1. The Union Of India Through Its Secretary, Ministry Of
Home Affairs, New Delhi.
2. The Director General, Central Reserve Police Force
(CRPF), CGO Complex, New Delhi.
3. The Inspector General Of Police, Central Reserve Police
Force (CRPF), Rajasthan Sector, Vidhyadhar Nagar, Jaipur.
4. The Commandant 40 Battalion, Central Reserve Police
Force (CRPF), 56 APO.
5. D.I.G. Central Reserve Police Force (CRPF), Range Office,
Group Centre, Ajmer.
----Respondents
For Petitioner(s) : Mr. M.S. Raghav, Advocate
HON'BLE MS. JUSTICE REKHA BORANA
Order
10/12/2021
The petitioner who was serving as Sep/driver in the
Central Reserve Police Force (for short "the CRPF") remained
absent from his duties and was granted sanctioned leave from
21.08.2013 to 19.09.2013. Thereafter, he was required to report
on 20.09.2013 but he did not do so and despite several notices
remained absent. In the circumstances, the departmental inquiry
was initiated against him in which too, the petitioner despite
service of several notices, neither participated nor submit any
(2 of 3) [CW-5221/2018]
written or oral submissions. In the event, the Disciplinary
Authority reached to the conclusion that it was the case of
negligence and indiscipline in duty and, therefore, the petitioner
was dismissed from service.
Against the order dated 10.09.2014 passed by the
Disciplinary Authority, the petitioner preferred an appeal which
was also dismissed and revision thereof was also dismissed.
Aggrieved against the same, the petitioner has
preferred the present petition on the sole ground that the charge-
sheet to the petitioner was issued under Section 11 (1) of the
CRPF Act, 1949 read with Rule 27 of the CRPF Rules of 1955 and
the punishment of dismissal from service which has been imposed
being a major punishment cannot be imposed in terms of Section
11(1) of CRPF Act, 1949.
I have gone through the material available on record
and also the provisions as relied upon by the counsel for the
petitioner.
Section 11 of the CRPF Act of 1949 is a provision which
talks of an additional punishment in addition of suspension or
dismissal which cannot be interpreted to mean that under Section
11, no major punishment can be granted.
So far as Rule 27 of the CRPF Rules of 1955 is
concerned, it specifically talks of the categories of punishments
and the procedures for award of such punishments.
A perusal of Section 11 as well as Rule 27 clarifies that
the same specifically provides for dismissal or suspension and the
same punishment has been imposed by the Disciplinary Authority
in the present matter which cannot be said to be invalid.
(3 of 3) [CW-5221/2018]
Moresoever, the complete record and the material
available proves that no defence whatsoever had been submitted
by the petitioner during the disciplinary proceedings as to why he
was absent from his duty during the relevant period. In the
circumstances, the findings as reached to by the Disciplinary
Authority cannot be termed to be invalid or unjust.
Learned counsel has relied upon the order dated
02.03.2021 passed by this Court in the case of CT Sajjan Singh
Vs. The Union of India and Ors. : S.B. Civil Writ Petition No.
1206/2010.
The same was a matter where there were sufficient and
reasonable grounds and explanations on record pertaining to the
absence of the employee from duty. Even otherwise, the said
judgment do not indicate that no major punishment can be
granted in terms of provision of Section 11, as suggested by the
counsel for the petitioner.
In view of the above observations, this Court finds no
ground to interfere with the order dated 10.09.2014 passed by the
Disciplinary Authority. Resultantly, the present writ petition stands
dismissed.
(REKHA BORANA),J
Mohit24
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