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2007 Supreme(HP) 55

SANJAY KAROL
SHAMSHER SINGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. B.S. Ranjan, Advocate for the petitioner. Mr. Anup Rattan, Central Govt. Counsel for the respondent.

JUDGEMENT

Sanjay Karol, J. (Oral):- This judgment is being directed in open Court in the presence of the learned counsel for the parties:

2. Facts leading to the filing of the present writ petition are as under: The petitioner was appointed as Constable in a group centre SSB Delhi on 8th November, 1989. On 15th March, 1994, he is stated to have been Involved in an incident at a group Centre Headquarter, Ghitorni, which resulted into a initiation of departmental proceedings and service of memorandum dated 12th April, 1994 informing him of the charges, statement of article of charges, statement of imputation of dis-obedience/neglect of duty/remissness in the discharge of duty or misconduct in his capacity as a member of the Force. The charges are as under: - "ARTICLE OF CHARE -I. That the said No.8965960 Const/GD Shamsher Singh of D Coy GC SSB Delhi (Ghatorni) while serving as Const/GD and deployed on static guard duty with arm at R.P. Gate post on 15.3.1994 at 2330 hrs was found standing away from his beat in casual manner. Thus he committed neglect of duty in his capacity as a member of force under Section 11 (1) of CRPF Act, 1949 and Rules, 1995. ARTICLE OF CHARE-II: That the said

























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