The Inspector General Of Police ... vs K.N.Rao
2021 Latest Caselaw 3557 Tel

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                  WRIT APPEAL No.508 of 2020

JUDGMENT:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)




     The present writ appeal is arising out of order dated

31.01.2020 passed in W.P.No.25779 of 2002 by the learned

Single Judge setting aside the order of removal and directing

reinstatement of the respondent/writ petitioner with all

consequential benefits.

The charge sheet reveals that on account of negligence

of the sole respondent/writ petitioner indiscriminate firing

took place resulting in death of two valuable human lives

(soldiers of CRPF). A detailed and exhaustive enquiry took

place in the matter and an order was passed on 02.07.2002

awarding a punishment of removal from service. The learned

Single Judge has set aside the said order.

Learned counsel for the respondent/employee has

argued before this Court that charge sheet was issued for

imposing only minor punishment under Section 11 of the

Central Reserve Police Force Act, 1949 and therefore, only

minor punishment shall be imposed.

This Court has carefully gone through Section 11 of the

Central Reserve Police Force Act, 1949. Section 11 is the only

section which provides for initiating departmental enquiry

and punishment of removal. In the present case a detailed

and exhaustive enquiry has taken place and the order of the

learned Single Judge does not reflect violation of any

procedural irregularity by the employer.

Learned counsel for Union of India has been able to

make out a prima facie case for interference as the learned

Single Judge has not at all considered the gravity of the

misconduct, the procedure adopted by the appellants in

conducting departmental enquiry and otherwise, also in case

the learned Single Judge was of the opinion that the

punishment is shockingly disproportionate to the guilt of the

employee, he could have remanded the matter back to the

disciplinary authority.

Resultantly, the order passed by the learned Single

Judge is set aside and the matter is remanded back to the

learned Single Judge to decide it on merits taking into

account all the contentions of the parties.

The writ appeal is accordingly allowed.

Miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ A. RAJASHEKER REDDY, J

18.11.2021 ES