Force No. 060111875 Ex Sepoy/GD Vibhas Chandra, S/o. Late Ram Ekbal Sharma vs Union of India, Represented by the Govt. of India, Ministry of Home Affairs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 1057

SANJAY KUMAR MEDHI
Force No. 060111875 Ex Sepoy/GD Vibhas Chandra, S/o. Late Ram Ekbal Sharma – Appellant
Versus
Union of India, Represented by the Govt. of India, Ministry of Home Affairs – Respondent

Advocates Appeared:
For the Petitioner: Mr. A.R. Tahbildar.
For the Respondent: Asstt. S.G.I., Mr. U.K. Goswami, Mr. U.K. Goswami (C.G.C.).

JUDGMENT :

Sanjay Kumar Medhi, J.

An order dated 28.09.2020 of removal from service which is affirmed by the appellate authority and in respect of which even the revision has been rejected is the subject matter of challenge in this petition filed under Article 226 of the Constitution of India.

2. The facts, as projected in the petition are that the petitioner was inducted as a Sepoy/GD in the CRPF on 27.05.2006. At the relevant point of time, he was posted in the 175 Battalion of the CRPF at Rani Industrial Area in the district of Kamrup.

3. The petitioner was served with a Memorandum of Charge dated 30.05.2020 and he replied to the same. The said memorandum was basically on three charges which involved consumption of alcohol during duty and under the influence of alcohol threatening superior officers over telephone. The enquiry was done in which, 8 numbers of witnesses were examined by the employer and in the enquiry, the charges were held to be proved.

4. The response of the petitioner was sought for on the enquiry report and thereafter, the impugned order dated 28.09.2020 was passed whereby the petitioner was removed from service. As observed above, the departmental appeal was reject

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