Union Of India vs Ram Lakhan Sharma

2. The respondent- Ram Lakhan Sharma was appointed as constable in the Central Reserve Police Force (hereinafter referred to as “CRPF”) on 10.04.1991. On 23.10.1999 while he was posted as constable 11 Bn., CRPF at Agartala, Tripura he went out from Guard duty at 09.00 a.m. and returned back at 09.50 a.m. In the afternoon, an allegation was made by one lady Smt. Gita Paul making allegation of rape against the respondent and First Information Report was registered on 23.10.1999 at the Police Station under Section 376 IPC.

3. On 23.10.1999 the appellant was placed under suspension. On 04.12.1999 chargesheet was issued to the respondent containing articles of charges I and II. First charge was that the appellant remained absent without proper permission of competent authority with consent of his Guard Commander from his duty on 23.10.1999 from 0900 hrs. to 0930 hrs. 3 Second charge was that he while functioning as constable (Guard) has committed an act of misconduct in his capacity as a member of the force in that he tried to do sexual intercourse with a woman with mutual consent by giving money which amounts to indiscipline/moral turpitude.

4. The disciplinary authority appointed one Shri S.S. Bisht, Second-in-Command, 11 Bn CRPF as Inquiry Officer. The Inquiry Officer recorded the prosecution evidence. The Inquiry Report was submitted which was also supplied to the delinquent vide letter dated 07.02.2000 asking the respondent to submit reply within 15 days. The Commandant, 11 Bn passed an order on 19.03.2000 imposing penalty of removal from service w.e.f. 19.03.2000 under Section 11(1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of the Central Reserve Police Force Rules, 1955.

5. On the basis of First Information Report registered against the respondent a chargesheet was submitted in the Court of Sessions Judge, Tripura, Agartala. Learned Sessions Judge after completing the trial on 20.09.2001 acquitted the respondent from 4 charges levelled against him. After acquittal from criminal case the respondent filed a Writ Petition No.6778 of 2000 in the High Court of Allahabad challenging his order of removal. The High Court by order dated 20.05.2004 disposed of the writ petition giving liberty to the respondent to file an appeal under CRPF Rules, 1955 within two weeks. In pursuance of the order of the High Court an appeal was filed before D.I.G.R., CRPF, Patna. The Appellate Authority rejected the appeal by its order dated 22.07.2004 against which order a revision was filed before the Inspector General of Police, CRPF which too was rejected on 02.03.2005. Challenging the order of removal as well as orders passed in appeal and revision the respondent filed Writ Petition (C) No.14 of 2006. Learned Single Judge vide judgment dated 12.04.2010 allowed the writ petition by setting aside the removal order and directed for reinstatement of the respondent. The learned Single Judge also permitted the appellant to initiate the disciplinary inquiry afresh from the stage of appointing Presenting Officer. It was further directed that if 5 the departmental proceeding is required to be started afresh, the respondent shall be placed under suspension and during the period of suspension, subsistence allowance should be paid. It was left to the wisdom of the authority to decide on arrear pay and allowances of the respondent.

7. The facts and pleadings in other civil appeals being more or less similar they need to be only briefly noted.

8. Union of India has filed this appeal challenging the judgment of the Division Bench dated 18.01.2013 by which Writ Appeal No.1 of 2013 filed by the Union of India questioning the judgment of the learned Single Judge was dismissed. The respondent, Shri T. Lupheng while posted at Manipur on 24.03.2008 sought 6 permission from his senior during his duty hours for going to the Bank to withdraw his salary. He was allowed to go and directed to report back to his duties. On his return he was found under the influence of alcohol. On 07.04.2008 the personnel was suspended. On four articles of charges inquiry was held. The Inquiry Officer recorded the evidence of prosecution. The inquiry was completed and report was submitted on 19.06.2008. The disciplinary authority vide its order dated 05.07.2008 awarded the punishment of dismissal from service. An appeal was filed which was dismissed by DIG, CRPF on 07.11.2008. The revision was also dismissed by IGP-C/S, CRPF on 05.06.2009. Writ Petition No.556 of 2009 was filed in the Gauhati High Court which was allowed by the learned Single Judge by judgment dated 04.08.2012. A writ appeal was filed by the Union of India which was dismissed by the Division Bench on 18.01.2013 against which this appeal has been filed.

9. These appeals have been filed by the Union of India against the Division Bench judgment dated 7 24.08.2012 by which the appeal filed by the Union of India questioning the judgment dated 08.02.2012 has been dismissed. The respondent was serving as constable in F/27 Bn CRPF. It was alleged that on 13.04.2000 he left lines without seeking prior permission, consumed liquor and created nuisance in the market. The chargesheet was issued to the respondent containing two articles of charges. The Inquiry Officer was appointed. Inquiry Officer recorded the statement of 12 prosecution witnesses. By an order dated 30.08.2000 the respondent was dismissed from services. There were two other delinquents apart from the respondent who were proceeded with and dismissed by the common order. Learned Single Judge relying on an order of the High Court in Writ Petition (C) No.297 of 2002 (Sri Mutum Shanti Kumar Singh vs. Union of India) on 08.02.2012 set aside the order of the dismissal and directed reinstatement of the respondent. Union of India filed Writ Appeal No.32 of 2012 challenging the order of Learned Single Judge before the Gauhati High Court. The Division Bench of the High Court by order dated 8 24.08.2012 dismissed the writ appeal. Review petition was filed by the Union of India which too was dismissed on 18.01.2013. Consequently, these appeals have been filed by the Union of India.

10. This appeal has been filed by the Union of India against the Division Bench judgment of the High Court dated 29.05.2013 by which writ petition filed by the respondent challenging the disciplinary proceedings for dismissal of the respondent was allowed. The respondent while serving at Chothegaon, Bishnupur (Manipur) on 12.03.2007 deserted from line without permission of competent authority. Subsequently, an FIR was lodged on 12.03.2007. A warrant was issued to apprehend him on 29.07.2007 but he could not be apprehended. A Court of Inquiry was conducted and the respondent was declared “DESERTER” w.e.f. 12.03.2007 vide order dated 13.07.2007. A Departmental proceeding was initiated with articles of charges on 12.11.2007. Since, the respondent had not reported in the Unit, the inquiry proceeded ex parte. Charges levelled against the respondent were 9 found proved. An order dated 20.05.2008 was passed awarding dismissal from service to the respondent. Thereafter, he submitted appeal before DIG, CRPF. A writ petition was filed by the respondent. The writ petition was disposed of on 29.05.2013 setting aside the dismissal order and directing for reinstatement. The appeal has been filed against the above said judgment.

“19. The result of the aforesaid discussion would be that the principles of natural justice have to be read into Regulation 7(2). As a result thereof, whenever the disciplinary authority disagrees with the enquiry authority on any article of charge, then before it records its own findings on such charge, it must record its tentative reasons for such disagreement and give to the delinquent officer an opportunity to represent before it records its findings. The report of the enquiry officer containing its findings will have to be conveyed and the delinquent officer will have an opportunity to persuade the disciplinary authority to accept the favourable conclusion of the enquiry officer. The principles of natural justice, as we have already observed, require the authority which has to take a final decision and can impose a penalty, to give an opportunity to the officer charged of misconduct to file a representation before the disciplinary authority records its findings on the charges framed against the officer.” 32

37. In result, all the appeals are dismissed subject to the liberty as granted by the High Court that it shall be open for the appellants to proceed with the inquiry afresh from the stage as directed by the High Court and it shall be open for the appellant to decide on arrear pay and allowances of the respondents.