JUDGMENT :

Rastogi, J.

1. Leave granted.

2. Union of India, in the instant appeal, has challenged the judgment and order passed by the Division Bench of the High Court of Delhi substituting the penalty of removal from service inflicted on the respondent after holding disciplinary inquiry as provided under Rule 27 of The Central Reserve Police Force Rules, 1955 (hereinafter being referred to as the “Rules 1955”) with confinement of respondent from 1.00 p.m. to 10.00 p.m. in quarter guard jail without noticing the mandate of the nature of punishments indicated under Section 11(1) of The Central Reserve Police Force Act, 1949 (hereinafter being referred to as the “Act 1949”).

3. The brief facts of the case culled out from the record are that the respondent joined service with the Central Reserve Police Force in the year 1983 and was on attachment duty at Group Centre, CRPF. In 2003, his wife was under treatment of Dr. Nazir, Gynaecologist (complainant). On 12th September 2003, the respondent accompanied with his wife forcibly entered into the chamber of the Dr. Nazir-complainant and a