JUDGMENT :

Heard Mr. R. Sarma, learned counsel for the writ petitioner. Also heard Mr. .K. Dutta, learned CGC appearing for the respondents.

2. This writ petition is directed against the order of dismissal from service dated 31-08-2009 as well as the subsequent order dated 13-11-2009 of the appellate authority refusing to interfere with the order of dismissal.

3. The facts of the case, in a nutshell, are that the writ petitioner herein had joined as Constable (GD) under the Central Reserve Police Force (CRPF) on 28-02-2003. After successful completion of training, the petitioner was placed in the 35 Bn. of the CRPF. In the year 2009, the Ministry of Home Affairs had raised 204 Cobra Bn. of CRPF for being deployed against the terrorists and nexalites. Petitioner’s name was proposed for the said Battalion and accordingly, his services were placed under the Cobra Battalion. While the petitioner was posted at Shivpur in the state of Madhya Pradesh, on 23-08-2009, he had gone to the market, along with 200 other personnel of the camp. It appears that in the evening, there was a check roll call in the camp and the second in command, i.e. 2 I/C Sri A.K. Bharti had alleged that the petitioner and his colleagues had consumed liquor. Accordingly, they were asked to subject themselves to a medical examination. At that, the petitioner had raised protest on account of which, he was allegedly beaten by the superior officials. The above conduct of the superiors had infuriated the colleagues of the writ petitioner and as many as 800 personnel of that unit had assembled and protested against the manhandling of the writ petitioner and his other colleagues by the superiors. Due to the above gathering, some commotion took place, which had also resulted into damages caused to some properties. According to the writ petitioner, on the next day, i.e. 24-08-2009, some officials of the CRPF had come to the camp and enquired about the incident wherein the petitioner had suffered injuries and was sent to the District Hospital at Shivpur. A few days thereafter, i.e. on 31-08-2009 the petitioner was asked to go on duty at Gwallior. On reaching Gwallior, he was handed over the impugned office order dated 31-08-2009 issued by the respondent No. 5 by means of which the petitioner and his three other colleagues had been dismissed from service by dispensing with the disciplinary inquiry on the ground that they had revolted against the superiors and incited their colleagues to rebellious behaviours. The petitioner had preferred an appeal before the appellate authority against the order dated 31-08-2009, which was also turned down by the order dated 13-09-2009. Hence, this writ petition.

4. The petitioner’s counsel has argued that the allegations brought against his client are all false and baseless inasmuch as, it was the superior officials who had misbehaved with the petitioner and his colleagues. If the authorities would have held a regular enquiry then the petitioner could have proved the said fact by adducing evidence. However, in order to avoid the truth from coming out, the Commandant/ respondent No. 5 had arbitrarily invoked Article 311(2)(b) of the Constitution of India and dismissed the petitioner without holding any enquiry. According to Mr. R. Sarma the reasons recorded for dispensing with the holding of inquiry is wholly untenable in the eye of law inasmuch as the same does not demonstrate as to why, it would not have been practicable for the authorities to hold an enquiry.

5. By relying upon and referring to the decision of the Supreme Court rendered in the case of UoI Vs. Tulsiram Patel &Ors., reported in (1985) 3 SCC 398, Mr. Sarma submits that the impugned order is not supported by proper reason for dispensing with holding of inquiry and therefore, the same is liable to be set aside by this Court on such count alone.

6. Mr. A.K. Dutta, learned CGC appearing for the respondents, has raised the plea of maintainability of the writ petition on the ground of