Back
2021 Supreme(Del) 1491
IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Amit Bansal, JJ.
Satya Prakash Singh - Appellant
Versus
Central Reserve Police Force (crpf) & Ors. - Respondents
W.P. (C) 12632/2021 & C.M. No. 39748/2021
Decided On : 11-11-2021
Mr. Shiv Gaur with Mr. Ajay Pratap, Advocates, for the Petitioner; Mr. Rajesh Gogna, CGSC, for the Respondents
The court cannot interfere in disciplinary/inquiry proceedings at the interim stage.
Headnote:
Enquiry Report - Challenging recovery and seeking salaries - CRPF Act - Section 9, Section 10 - The court dismissed the petition challenging the recovery and seeking salaries, citing the habitual indisciplinary acts of the petitioner and the premature nature of the petition.
Fact of the Case:
The petitioner, a constable in the CRPF, challenged an enquiry report and sought a fresh enquiry and medical treatment. The petitioner also contested a recovery order and sought salaries and arrears. The petitioner claimed to be undergoing medical treatment and was not allowed to continue treatment or receive salary.
Finding of the Court:
The court found that the petitioner had a history of indisciplinary acts and that the petition was premature as the disciplinary authority had not yet taken a view on the enquiry report. The court cited the principle that it cannot interfere in disciplinary/inquiry proceedings at the interim stage.
Issues: Challenging recovery and seeking salaries, premature nature of the petition
Ratio Decidendi: The court cannot interfere in disciplinary/inquiry proceedings at the interim stage.
Final Decision: The present writ petition along with pending applications is dismissed.
JUDGMENT
Manmohan, J. (Oral). - Present writ petition has been filed challenging the enquiry report dated 22nd September, 2021 and for conducting a fresh and fair enquiry against the Petitioner as also to provide medical treatment to the petitioner till he becomes fit to join duty. Petitioner also challenges the recovery made vide Departmental Letter dated 6th October, 2021. Petitioner further seeks directions to the Respondents to give salaries for the months of December 2020, January 2021, February 2021, and June, 2021 along with arrears of HRA.
2. Learned counsel for the Petitioner states that the Petitioner, who is a constable CT/GD in the CRPF was undergoing treatment for Spondylolisthesis and was given rest till 24th December, 2020. He, however, states that the Petitioner received a letter dated 12th December, 2020, whereby he was ordered to join 11th BN Jharkhand immediately which the Petitioner did not follow since the treatment was still continuing. He further states that the Petitioner was not allowed to go to Delhi to get further treatment and the Respondents also did not release the Petitioner’s salary. He also contends that the respondents illegally initiated a false inquiry and also made a false and adverse report dated 22ndSeptember, 2021 against the petitioner.
3. He further states that respondent no.4 office issued the impugned letter dated 6 thOctober, 2021 in which an order of recovery of Rs. 7,15,887/- was issued against the Petitioner and the salary of December 2020, January 2021, February 2021 and June 2021 along with HRA has been adjusted in the said recovery on the ground that the petitioner was under medical treatment and had proceeded on rest and is therefore not liable for payment of salary.
4. A perusal of the paper book reveals that the Department/CRPF has levelled many serious allegations against the Petitioner. It is alleged that the Petitioner presented his health card, issued by CRPF, in a damaged state as the health card was broken into many pieces. It is further alleged that the Petitioner misled the office while getting himself treated at BMCC and Safdarjung Hospital, New Delhi, by tampering with the dates and documents.
5. This Court also finds that the Petitioner has indulged in many indisciplinary acts during his deployment in Battalion despite being given adequate opportunities to improve. Some of the punishments given to the Petitioner, which have attainted finality, are reproduced hereinbelow:--
Sr.No. | Unit | Acts did by the Personnel | The punishment was given to the accused/Personnel |
1. | 70 Battalion | Being absent in the marker on 24/12/2013 | Commandant-70 Battalion gave a warning letter vide his letter no.P.8.01/13- Dt/70 dated 02/01/2014. |
2. | 70 Battalion | To be found absent in sentry duty in Kot guard on 16/06/2014. | Samvay Officer A/70 issued a warning letter dated 17/06/2014 through letter no.P.8.1/2014-A/70 |
3. | 70 Battalion | To be found absent in sentry duty in Kot guard on 05/10/2014. | Samvay Officer A/70 issued a warning letter dated 06/10/2014 through letter no.P.8.1/2014-A/70 |
4. | 70 Battalion | Called to his office by the Commandant of 70 Battalion on 21/10/2016. But you left for your home. | Adjutant 70 Battalion gave an advice letter through their letter No.P8 01/2016- Adju-70 dated 07/11/2016. |
5. | 70 Battalion | After night counting on 27/10/2016, it was being searched to inform that you have to go for treatment on 28/10/2016 at Composite Hospital, New Delhi, but you went to your home without the permission of the competent authority. | Adjutant 70 Battalion gave an advice letter through their letter No. P8 01/2016- Adju-70 dated 07/11/2016. |
6. | 70 Battalion | No duty was done for about 09 months in the year 2016 on the pretext of various diseases. | Adjutant 70 Battalion gave an advice letter through their letter No. P8 01/2016- Adju-70 dated 20/12/2016. |
7. | 70 Battalion | Was admitted to Composite Hospital, New Delhi from 29/10/16 to 04/11/18 due to a complaint of | |
