Angad Das Vs. Union of India & Ors. [2010] INSC 137 (18 February 2010)
Judgment
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 1429-1430 OF 2010 (Arising out of SLP (C) Nos.6975-6976/2009) Angad Das .. Appellant VERSUS Union of India & Ors. .. Respondents
Dalveer Bhandari, J.
1. People in power and authority should not easily lose equanimity, composure and appreciation for the problems of the lesser mortals. They are always expected to remember that power and authority must be judiciously exercised according to the laws and human compassion. Arrogance and vanity have no place in discharge of their official functions and duties.
2. Delay condoned. Leave granted.
3. Heard the learned Additional Solicitor General and the learned counsel for the appellant at length. Brief facts necessary to dispose of these appeals are recapitulated as under:-
4. The appellant was recruited as a Constable in the Central Reserve Police Force, Balia Police Line in the State of U.P. in the year 1969. He was promoted to the post of Lance Naik, then as Naik and thereafter to the post of Head Constable.
When the appellant was posted as a Head Constable at Jammu and Kashmir, he was served a show cause notice dated 11.4.1995 by the Commandant 51 BN, C.R.P.F.
(respondent no.4) alleging that the date of birth as given by him at the time of joining the service was found false. An enquiry was conducted and thereafter the appellant was compulsorily retired from the service by way of punishment by an order dated 14th June, 1996 by respondent no.4. The said order reads as under:- "After careful thought and keeping in view of his long service career, a family to support and considering natural justice, I hereby impose the punishment of `COMPULSORY RETIREMENT FROM SERVICE WITH FULL PENSIONARY BENEFITS AND GRATUITY' on No.690298321 HC Angad Dass w.e.f. 31/5/96 AN, in pursuance of the authority vested in me under Section 11(1) of CRPF Act, 1949 read with table below Rule 27 of CRPF Rule 1955."
5. The appellant had sent a very polite letter of request to the Additional District Inspector General, Police (for short, DIG) praying that his request for re-employment be kindly considered because he has enormous responsibility of educating and marrying five daughters. The prayer was made with folded hands and touching his feet. The letter reflected pinnacle of humility. The relevant portion of request letter reads as under:- "I am burdened with the education and marriages of five daughters and I am the only earning hand and according to the hereditary record of Gram Panchayat my date of birth is 8.7.47. I had received that record under the order of BDO. I am also having certificate from the Gram Pradhan. I, therefore, with folded hands and touching the feet praying that I may be all
