Proportionality of punishment and adherence to prescribed procedures in disciplinary proceedings.

ORDER :

1. Heard learned counsel for the petitioner and learned Assistant Solicitor General of India.

2. This writ petition is filed to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned orders passed by the respondents wherein removing the petitioner from service issued in order No.P-XIII-4/2015-EC-II, dated 08.04.2016 by the 5th respondent and its consequential order issued by the 4th respondent in order No. R.XIII-01/2017-Estt-3, dated 10.03.2017 rejecting the appeal submitted by the petitioner and consequential orders No.R.XIII-36/2017-Admn-7, dated 04.12.2017 issued by the 3rd respondent rejecting the revision petition is illegal, arbitrary and consequently set aside the same with a direction to reinstate the petitioner into service with all consequential benefits.

3. PERUSED THE RECORD.

FACTS NOT IN DISPUTE :

4. The petitioner is removed from service as per Section 11(1) of Central Reserve Police Force Act, 1949 read with Rule 27 of CRPF Regulations, 1955 vide the Impugned Order No.P-VIII-4/2015-EC-II, dt. 08.04.2016 issued by the 5th Respondent w.e.f. 08.04.2016, only on the ground of unauthorized absence. The 4th respondent issued order No.R.XIII-O1/2017-Estt-3, dt. 10.03.2017 rejecting Petitioner’s Appeal and consequential orders No.R.XIII-36/2017-Admn.7, dated 04.12.2017 are passed by the 3rd Respondent rejecting Petitioner’s Revision.

5. The main contentions put-forth by the Counsel for the petitioner are as follows:

a) The order impugned No.P-VIII-4/2015-EC-II, dated 08.04.2016 issued by the 5th Respondent is challenged by the petitioner.

b) On an earlier occasion vide Office Order dated 10.02.2013 the Petitioner was removed from service as per Section 11(1) of Central Reserve Police Force Act, 1949 read with Rule 27 of CRPF Regulations, 1955

c) The allegations levelled against the Petitioner are as follows :

This Bn.No.041591573 Sep./G.D. V.Balaswamy B/150 Bn.Sep./GD joined service under CRPF Act 1949 Sec.10(m) become member in the force, should perform duty according to the rules, avail 30 days earned leave and paternal leave 11/5/2011 to 24/06/2011 after that duty joined on 25/06/2011 duty joint report is given, but not does it happen, competent authority by taking permission from authority but he did not like this do it, without taking permission from competent authority with his own willingness is regular absent. The force not in the force absconded from 25/06/2011 this force violated higher authority orders is a punishable offence.

d) That the Respondent authorities without following any Rules conducted an enquiry without giving reasonable opportunity to the Petitioner to submit Petitioner’s defence statement and based on the said defective enquiry the 5th Respondent awarded the major punishment of removal from service vide Order No.P.VIII-1/2012-159-ECII, dt. 10.02.2013.

e) That aggrieved by the said orders of the punishment the Petitioner preferred an Appeal with 2nd Respondent and the 2nd Respondent issued favourable orders in favour of the Petitioner vide Order No.R.XIII-2 (159)/15-EC-I, dt. 30.06.2015 observing as follows :

a. Departmental Enquiry proceeding along with final order No.P.VIII-01/12-159-EC-II, dated 10.02.2013 which was issued by 159 Bn. CRPF against No.041591573 CT/GD V. Balaswamy of B/159 BN is set aside.

b. No.041591573 CT/GD V. Balaswamy of B/159 Bn may be reinstated in 159 Bn.CRPF which will be effective from date of his reporting in 159 Bn. CRPF.

c. De-Novo enquiry may be initiated against the above CT/GD on the basis of charge i.e., on account of being absent from leave under section 11(1) of CRPF Act 1949.

d. Absence period i.e., from the date of removal to the date of reporting on his reinstatement may be regularized after finalization of De-Novo enquiry.

f) That the charges framed against the Petitioner at the second instance vide No.P.VIII/04/2015 Loc-(2) dated April 2016 are identical to the charges framed on an ear