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1984 Supreme(Ker) 59

T.KOCHU THOMMEN
V. B. ROCHO – Appellant
Versus
UNION OF INDIA – Respondent


Judgment :-

1. The petitioner was working as a Constable attached to the Central Reserve Police Force, Pallipuram near Trivandrum. Disciplinary proceedings were initiated against him on the basis of four charges as contained in Exts. P1 and P1 (a) dated 19-6-1979. He pleaded not guilty. An enquiry was conducted and the petitioner was found guilty of all the four charges. Ext. P3(a) is the enquiry report. The punishment of removal from service was imposed upon the petitioner by the 5th respondent by Ext.P5 dated 17-1-1980. This order was confirmed in appeal by the 4th respondent by Ext. P7 dated 22-4-1980. Ext. P7 was affirmed in revision by the 3rd respondent by Ext. P9 dated 26-9-1980 and again by the 2nd respondent by Ext.P11 dated 5-10-1981. The petitioner challenges Exts. P5, P7, P9 and P11.

2. The charges read as follows:

-Article I: That the said No. 700300537 Ct. P. B. Roch while functioning as Constable in CC.CRPF, Pallipuram committed an offence of misconduct in his capacity as a member of the Force u/s 11(1) of CRPF Act 1949 in that he either directly or indirectly caused the theft of 200 Kgs of wood for the benefit of his family from the CPV%TD contractor of GC campus.

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