Adequate opportunity for defense in disciplinary inquiry is essential; however, failure to contest charges undermines claims of procedural violations.

Judgment & Order :

KARDAK ETE, J.

Heard Mr. K. Paul and Mr. J.P. Chauhan, learned counsels, for the petitioner. Also heard Mr. K.K. Parasar, learned CGC, for the respondents.

2. By filing this writ petition, the petitioner has put to challenge the order dated 16.01.2016, passed by the Commandant, 221 Bn. CRPF, by which the petitioner has been imposed penalty of removal from service w.e.f. 16.01.2016 and also the appellate order dated 08.07.2016 passed by the DIGP (Range HQ) as well as the revisional order dated 24.02.2017 passed by the IGP, Western Sector, CRPF, CGO Complex, CBH Belapur, Navi Mumbai, by which the appeal and revision filed by the petitioner are rejected.

3. The petitioner was appointed as GD Constable in 28th Bn, CRPF and had joined the service on 25.01.2006 at 28th Bn. CRPF Group Centre 9th Mile Khanapara, Guwahati, Assam. Thereafter, he was sent to Awadi Group Centre, Chennai for one year training and subsequently posted at Awadi Group Centre, Jammu and again moved to 28 Bn. CRPF Kashmir after that he was moved to 221 Bn. CRPF, Gurgaon.

4. The case projected by the petitioner is that on 22.06.2009, while the petitioner along with others were on escort duty (convoy) for Amarnath Yatra marched from Manigaon to Rangmodh, the petitioner met with an accident which occurred due to head on collision with a TATA Bus bearing Regd. No.JK-2AJ-9507 at Hung Island Retreat Picket No.8 under Kangan Police Station, Jammu & Kashmir. Accordingly, a case was registered against the driver of the said vehicle. In the said accident the petitioner sustained severe injuries on his head and chest for which initially he was admitted at Kangan Medical Hospital and thereafter shifted to Kashmirchara Hospital. Even after long period of treatment, though the petitioner could recover to some extent, but the impact remains and sometimes he suffers from severe pain on his head, chest and body. Resultantly, used to loose his mental stability intermittently. In the said accident two of his colleagues who were also with him on duty died in the hospital that day itself, which gave shock to the petitioner.

5. While the petitioner was under such situation, vide notice dated 13.03.2015, the Commandant 221 Bn. CRPF informed the petitioner that an enquiry is proposed to be held against him under the provision of Section 27 of the CRPF Manual 1955 for showing negligence in performing duty and other misdeeds on the 2 (two) charges that on 09.02.2015, the petitioner consumed alcohol and refrain from attending duty and b. on 09.03.2015 while the petitioner was produced before the Commandant in his “orderly room” he was found in a drunken state. The petitioner was informed that enquiry will begin atleast one day after the charges are read over and explained to the accused, consequent to which the respondent authority initiated the inquiry.

6. On completion of Inquiry, the Inquiry Officer prepared his report on 12.09.2015 and submitted to the Disciplinary Authority, holding the charges to be substantiated and proved. A copy of the inquiry report was furnished to the petitioner on 08.10.2015.

7. The Commandant 21 Bn. CRPF vide impugned order dated 16.01.2016 has imposed a penalty of removal from service w.e.f. 16.01.2016 thereby, removing the pet