IMPORTANT POINT
When a member of a disciplined force leaves the place without permission, consumes liquor and disturbs public peace in inebriated condition, punishment of dismissal cannot be held to be disproportionate.

JUDGMENT

Dipak Misra, J.

The respondent, a constable in Central Reserve Police Force (CRPF), was enrolled as such on 1.4.1990. He was posted in the 23 Battalion where he served continuously approximately for fourteen years. Subsequently, he was transferred to 61 Battalion where he served for two years. During the second posting a charge-sheet was served on him alleging that on 22.06.2001 about 11.30 hrs. he left the campus without permission of the competent authority and went to the bazaar and consumed liquor and quarrelled with some civilians. On being informed, S.I. Sheoji Ram, HC Mahabir Singh and Captain Fiyaz Ahmed brought him from bazaar to the campus. On the advice of the competent authority, a medical examination was conducted on the respondent and as per the medical report given by the assistant surgeon, District Hospital, Medak at Sangareddy, it was found that the respondent had consumed liquor.

2. On the basis of the aforesaid report, a departmental enquiry was ordered by Commandant 61-Bn. vide Memo No. P-VIII-8/01-61-EC-II dated 6.7.2001 and the respondent was also placed under suspension with effect from 6.7.2001. The enquiry officer conducted an enquiry and on the base of the material and testimony of the witnesses came to hold that the charges had been proved.

3. The disciplinary authority concurred with the findings recorded by the enquiry officer and came to hold that the charges levelled against the respondent had been proved beyond doubt. Recording concurrence with the findings returned by the enquiry officer, the disciplinary authority opined that the respondent was not fit to continue any more in the Force and accordingly in exercise of power conferred under Section 11(1) of the Central Reserve Police Force Act, 1949 (for brevity, ‘the Act’) read with Rule 27-A(1) of the Central Reserve Police Force Rules, 1955 (in short ‘the Rules’) ordered the respondent to be removed from the service. It was further stipulated in the order that except the pay and allowances given to the respondent during suspension period from 7.7.2001 to 12.9.2001, he would not be entitled to any pay or allowances and the period of suspension shall be treated as such. That apart, it was directed that medals and awards, if any, that had been received by the delinquent employee during service period shall be forfeited under the provision of Section 12(1) of the Act.

4. The respondent initiated a civil action by filing Civil Suit No.253/2002/05 in the Court of Civil Judge (Senior Division), Narnaul seeking a declaration that the orders passed against him by the authorities were illegal. The appellants contested the suit by putting forth a stand that due enquiry was held by the authorities and the charges levelled against the respondent were duly proved and there was no procedural error in the enquiry.

5. Learned Civil Judge framed the following issues:

“1. Whether the impugned order No. P-III-8/2001-61 Stha II dated 12 September, 2001 are wrong, illegal, against facts, arbitrary malafide, against principles of natural justice, null and void and ineffective against the rights of plaintiff?

2. Whether the plaintiff has no cause of action to file the suit?

3. Whether the civil Court has no jurisdiction to try and entertain the present suit?

4. Whether the suit is not maintainable in the present form?”

6. While dealing with the issue number 1, the trial Court took note of the fact that the charges were issued against the delinquent officer under Section 11(1) of the Act, relied on the decision rendered in Ram Singh Rai v. Union of India, 2003 (1) SCT 523 and Rattan Singh v. Union of India & Others, 2003 (1) SCT 59 and came to hold that the disciplinary authority was not entitled in law to convert the charge under Section 11(1), a minor penalty to a major penalty and accordingly opined that the impugned order of dismissal was illegal, null and void. The trial Court further held that it had jurisdiction to try the suit and eventually decreed th