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2021 Supreme(P&H) 101

TEJINDER SINGH DHINDSA
Manoj Kumar – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V.K. Sheoran.

JUDGMENT :

TEJINDER SINGH DHINDSA, J.

1. Matter has been taken up through Video Conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

2. Challenge in the instant petition is to the order dated 28.03.2019 (Annexure P-2) passed by the Commandant 96 Bn. CRPF and whereby a major punishment of removal from service was imposed upon the petitioner who was serving as a Constable/General Duty.

3. Further challenge is to the orders appended and placed on record at Annexure P-4, P-6, P-8 and P-10, whereby the appellate and revisional authorities have affirmed the action of removal from service and even two mercy petitions preferred by the petitioner stand declined.

4. Briefly, it may be taken note that departmental proceedings were initiated against the petitioner vide Memo dated 17.10.2018 on the following charge:

    “That CT/GD, Manoj Kumar, 96 Bn. CRPF No. 05580262 while working on the post of Constable/General Duty and in capacity of being a member of the force has done the misconduct under Section 11(1) of the CRPF Act, 1949 for disobedience of orders/neglect of his duty/laxity in discharge of his duty/other misconduct under which the personnel i

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