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2019 Supreme(J&K) 29

SANJEEV KUMAR
Mohammad Shafiq Bhat – Appellant
Versus
Union of India – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Rizwan-ul-Zaman Bhat, Advocate
For the Respondent(s): Mr. T.M. Shamsi, ASGI

Judgment

1. Impugned in this petition is order No. P, VIII, 2/04,137, EC,II dated 13th December 2004, passed by respondent No. 5 (Commandant 137 Bn CRPF Musanboni, East. Singhbhum, Jharkhand) whereby, the petitioner has been dismissed from the services and his name has been struck off from the rolls of his unit.

2. The order, impugned has been assailed on several grounds but the ground which was strenuously urged by the learned counsel for the petitioner pertains to the alleged violation of principles of natural justice in holding the enquiry and the non-compliance with the provisions of Rule 27 of Central Reserve Police Forces Rules 1994 (for brevity, the rules of 1994) which lays down the procedure, to be followed in the disciplinary proceedings. Before adverting to the grounds of challenge, a brief look at the facts may be necessary.

3. The petitioner was appointed as Constable in the Central Reserve Police Force (CRPF) on 10.06.1996. On transfer of the petitioner to the newly raised unit from 98th Bn. CRPF, the petitioner was posted to 137 Bn. CRPF on 3rd September 2001. On 16th September 2001, at about 0430 Hrs, the petitioner left the unit without giving any prior intimation



















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