JUDGMENT :

Heard Mr. H. Bezbaruah, learned counsel for the petitioner and also Mr. H. Gupta, learned CGC appearing on behalf of the respondents.

2. By filing this application under Article 226 of the Constitution of India the petitioner has challenged the impugned order dated 29.04.2010, passed by the Commandant 171 Battalion, CRPF (respondent No. 5) whereby the petitioner was dismissed from service and the order dated 16.05.2011 passed by the Deputy Inspector General of Police, CRPF (respondent No. 4) whereby the departmental appeal filed by the petitioner was rejected and prayed for a direction to the respondents to reinstate the petitioner in service in Central Reserve Police Force (in short CRPF) as Constable/General Duty with all consequential benefits.

3. The petitioner was recruited in Central Reserve Police Force as Constable/General Duty after having qualified in the recruitment process on 06.07.2004 and he was allotted Force No. 041713063. While the petitioner was serving and posted in 171 Battalion, CRPF, by order dated 25.07.2009 bearing No. P-VIII-13/2009-171-EC-2, the respondent No. 5 placed the petitioner under suspension in contemplation of a disciplinary proceeding.

4. A memorandum of charges bearing No. PVIII-13/2008-171-Establishment-2 dated 12.08.2009 was issued. The summary of charge was that the petitioner had submitted High School Leaving Certificate bearing No. R5-029 No. 182 issued by the Board of Secondary Education, Guwahati Assam and on the basis of the said Certificate he was recruited as Constable/General Duty in the CRPF. However, on investigation the Certificate was found to be fake and thus, he has betrayed the Department which is against the Rule of the Force and is an offence punishable under Section 11(1) of CRPF Act 1949 read with Rule 27 of CRPF Rules, 1955. It alleged that the petitioner had submitted a fake High school pass certificate allegedly issued by the Board of Secondary Education, Assam at the time of his recruitment and that he was recruited on the basis of the said certificate and as such the petitioner had committed an offence punishable under Section 11(1) of the CRPF Act, 1949 read with Rule 27 of the CRPF Rules, 1955.

5. Thereafter vide order No. PVIII-14/09-171-EC-II dated 02.09.2009, the respondent No. 5 appointed one Sri R.K. Mondol, Assistant Commandant 171 Battalion as Enquiry Officer to enquire into the charges framed by the respondent No. 5 in accordance with the provisions of Rules 27(A) of the CRPF Rules, 1955.

6. On 01.10.2009, the Enquiry Officer conducted preliminary hearing. Thereafter, by order No. G.II-1/09-RKM dated 01.10.2009 the petitioner was directed by the Enquiry Officer to be present before him on 03.10.2009 at 10:00 AM to participate in the enquiry proceedings. On 03.10.2009, 20.08.2009 and 11.11.2009 the petitioner appeared before the Enquiry Officer as directed.

7. The petitioner was given fifteen (15) days time by order dated 11.11.2009 to produce any defense or evidence in his favour. Pursuant thereto, on 15.12.2009 the petitioner submitted copies of the Admit Card, Mark Sheet, Board Certificate and Verification Certificate. Vide order No. P-VIII.13/09-171-EC-II dated 09.02.2010, the Commandant, 171 Battalion, CRPF revoked the suspension of the petitioner by modifying the earlier order dated 09.01.2010.

8. The Commandant, 171 Battalion, CRPF, by order dated 13.04.2010, bearing No. P-VIII.13/09-171-EC-II forwarded a copy of the Enquiry Report submitted by the Enquiry Officer to the petitioner directing him to submit his reply/representation against the report within fifteen (15) days of receipt of the Enquiry Report. However, no representation was submitted by the petitioner.

9. Thereafter, vide order bearing No. P-VIII.13/09-171-EC-II, dated 29.04.2010 was issued by the respondent No. 5 whereby the petitioner was imposed a penalty of dismissal from service with effect from 29.04.2010 and his period of suspension from 25.07.2009 to 08.01.2010 was regulariz