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2001 Supreme(Gau) 7

B.LAMARE
Baharul Islam – Appellant
Versus
Union of India and Ors. – Respondent


Advocates Appeared:
U.Das, S.Roy, P.C.Dey, B.C.Das

Heard Mr. BC Das, learned counsel for the petitioner as well as learned Central Govt Standing Counsel for the respondents.

2. By this writ petition the petitioner has approached this Court for quashing the disciplinary proceeding initiated against him and also for quashing the impugned order of penalty by which he was dismissed from service. The case of the petitioner is that on 10.4.91 he was appointed as Constable of the CRPF and subsequently on 4.8.94 he was posted at Chumukedima, Nagaland as a Security Guard at the State Bank of India, Chumukedima. On 10.8.94 the respondent No. 3 placed the petitioner on suspension (Annexure 1 to the writ petition) and also furnished to him the memorandum dated 4.8.94 (Annexure 2 to the writ petition) whereby he was furnished statements of Article of Charges framed against the petitioner. The statement of Articles of Charges framed against him are as follows :

"Articlel: Thatthe said No. 770430017 LNK Jasbir Singh and No. 913252101 CT Baharul Islam of E/43 Bn CRPF have committed an offence of misconduct in their capacity as member of the Force under section 11(1) of CRPF Act, 1949, in that. On 25.1.94 while on SBI duty they have created an ugly s














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