Dismissal from service can be imposed under Section 11(1) of the Act 1949 for proven misconduct, regardless of criminal acquittal.

ORDER

1. Invoking the extra-ordinary jurisdiction of this court, the petitioner has submitted this petition seeking the following reliefs :-

'(i) the impugned orders dated 3.1.2008 (Annexure-8), 17.4.2008 (Annexure-13), 23.8.2008 (Annexure-15) and order dated 19.11.2008 (Annexure-17) may kindly be quashed and set-aside and the petitioner may kindly be reinstated in service with all consequential benefits;

(ii) Any other appropriate order which may be found just and proper in the facts and circumstances of the case.'

2. The background facts need to be noted, in brief are that the petitioner as a Constable joined duties on 12.6.2004 in the Central Reserve Police Force (for short 'CRPF') in Srinagar.

3. A departmental inquiry was ordered against the petitioner under Section 11(1) of the Central Reserve Police Force Act, 1949 (for short 'Act 1949') read with Rule 27 of the Central Reserve Police Force Rules, 1955 (for short 'Rules 1955') vide Office Orders dated 11.9.2007 and 8.10.2007 with following charges :-

ARTICLE-I

'That No. 041598499 CT/GD Mahavir Prasad of A/118 Bn, CRPF while functioning as CT/GD committed an act of gross misconduct and disobedience or orders in his capacity as a member of the Force under section 11(1) of CRPF Act, 1949 read with rule 27 of CRPF Rules, 1955 in that he proceeded on 60 days EL with 15 days PL w.e.f. 17/2/2007 to 2/5/2007 and on expiry of sanctioned leave he was to report for duty on 2.5.2007 evening roll call but he failed to do so and overstaying from leave w.e.f. 3/5/2007 (FN) to date without prior permission/sanction from the competent authority despite of orders/directions to report for duty forthwith, which is prejudicial to good orders and discipline of the Force, thus he has committed an act of misconduct in the capacity of a member of the Force.'

ARTICLE-II

'That No. 041598499 CT/GD Mahavir Prasad of A/118 Bn, CRPF while functioning as CT/GD committed an act of gross misconduct in his capacity as a member of the Force under Section 11(1) of CRPF Act, 1949 read with rule 27 of CRPF Rules, 1955 in that he, while availing 60 days EL with 15 days PL w.e.f. 17/2/2007 to 2/5/2007 allegedly involved in criminal ACT by torturing and killing his wife Smt. Anuradha (Bittu) for dowry. A criminal case against him was registered vide FIR no. 183/2007 under PS Shahpur, Dist-Jaipur (Rajasthan) and was arrested on 8/4/2007, and was taken into judicial custody in SubJail, Kotputli, Dist-Jaipur (Rajasthan) since then as per report of SP, District Jaipur (Rural), Jaipur vide letter No. 13382-85 dated 11/6/2007 and No. 23924 dated 1/9/2007. Further, the aforesaid CT/GD Mahavir Prasad did not inform the competent authority about his detention. Thus the aforesaid CT/GD Mahavir Prasad concealed the above facts and did not maintain absolute integrity and committed an act of moral turpitude and grave misconduct which is unbecoming of a member of the disciplined Force.'

4. The memorandum along with statement of article of charges along with list of witnesses, was served upon the petitioner. After giving opportunity of hearing to the petitioner, the following facts of the case were brought out in the departmental inquiry proceedings :-

'(i) No.041598499 CT/GD Mahavir Prtasad of A/118 Bn,CRPF was sanctioned 60 days EL with 15 days PL w.e.f. 17/02/07 to 02/05/07, he was due to report on 03/05/07 to join his duties but he failed to do so and became OSL w.e.f. 03/05/2007 without any prior permission/sanction of the competent authority. Neither he informed about his OSL nor did submit any application to extend his leave.

(ii) No.041598499 CT/GD Mahavir Prasad of A/118 Bn, CRPF while he was on 60 days EL with 15 days PL from 17/02/07 to 02/05/07, a criminal case against said CT/GD Mahavir Prasad was registered under section 304B, 398A IPC vide FIR No.183/2007 under P.S.-Shahpur, Dist-Jaipur(Rajasthan) and the said CT/GD was arrested on 8/4/2007 and detained in Sub-Jail, Kotputli, Dist-Jaipur since released on bail on 25/11/200