ORDER

Date : 25-03-2021 Heard Mr. R. Mazumdar, learned counsel for the petitioner and Mr. S.K. Medhi, learned C.G.C appearing for the respondents.

2. By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing the subsequent inquiry conducted by the respondents and for setting aside the impugned enquiry proceedings as well as inquiry report dated 23.04.2014 and for setting aside and quashing the consequential impugned order dated 09.07.2014 passed by the respondent, thereby dismissing the petitioner from his service.

3. The case in brief as projected in the writ petition is that at the relevant time the petitioner was serving as a Constable (General duty) of CRPF and was posted at D/138 Bn.

CRPF at Sinkiview, Itanagar, Arunachal Pradesh.

4. On 20.02.2014, the petitioner was arrested at 21:20 hours in connection with Itanagar WPS case no.17/2014 under section 447/366A/376(2)(i) IPC read with section 4 of the POCSO Act, 2012. The petitioner was placed under suspension/ deemed suspension with effect from 20.02.2014. On or about 01.04.2014, preliminary enquiry was instituted and on

04.04.2014, charges were framed against the petitioner.

5. As per the Memorandum dated 10.03.2014 following article of charges were framed against the petitioner:-

Article I: That No.075090137 Constable (GD) Naruj Kumar Doley of D/138 Bn. CRPF while functioning in the capacity as Constable (General duty) committed an offence in that on 20/02/2014 at about 1615 hrs he left the platoon post of Banderdeva Check Gate, Banderdeva (ACP) without prior permission of section platoon commander/ competent authority which is punishable under section 11(1) of CRPF Act, 1949 read with rule 27(a) of CRPF Rules, 1955.

Article-II: That said No.075090137 Constable (GD) Naruj Kumar Doley of D/138 Bn, CRPF while functioning in the capacity as Constable (General Duty) committed misconduct in his capacity as a member of the Force, in that on 20/02/2014 at about 1615 hrs he left the platoon post of Banderdeva Check Gate, Banderdeva (ACP) and misbehaved/ outraged the modesty of a civilian minor girl aged about 15 years age. Thus he violate the provision of Rule 3(iii), 3-B(ii) and 3-C(1) of CCS (Conduct) Rules, 1964 which is punishable under section

11(1) of CRPF Act, 1949 read with Rule 27(a) of CRPF Rules, 1955.

6. The Memorandum was accompanied with a list of documents as well as by a list of witnesses. As per the contents of the office order dated 09.07.2014, the petitioner pleaded guilty of charges of Article of Charge No.I and pleaded not guilty in respect of Article of Charge No.II. The Enquiry Officer recorded the statement of witnesses on 21.04.2016 and thereafter submitted the inquiry report before the disciplinary authority on 12.05.2014. On 15.05.2015, the petitioner was served with a letter to enable him to file objection, if any against enquiry report and a copy of the enquiry report was submitted to the petitioner through the Superintendent of Jail. Thereafter, by order dated 09.07.2014, which is impugned in this writ petition, the petitioner was awarded the punishment of dismissal from service. The learned counsel for the petitioner has submitted that all throughout the petitioner was lodged in Julie Jail, District Papumpare, Arunachal Pradesh. It is projected that on 02.08.2014, an appeal was filed by the petitioner against the order of dismissal and that till the date of filing of the writ petition, the appeal was pending for disposal. It is stated that only by order dated

28.10.2014, the petitioner was enlarged on bail.

7. The learned counsel for the petitioner has submitted that the petitioner was highly prejudiced with the disciplinary proceedings having been proceeded with while he was in jail. It is submitted that in the department proceedings was conducted in jail premises and, as such, the petitioner was not provided with sufficient opportunity to inspect the documents and to give defence witness as he could not make