IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE st ON THE 1 OF SEPTEMBER, 2023 WRIT PETITION No. 5725 of 2014 BETWEEN:-

MANOJ SINGH EX.CT GD S/O MAHIPAT SINGHY VILL.DHAKA POST NAGRA TEH.PORSA (MADHYA PRADESH)

.....PETITIONER (BY SHRI ALOK KATARE - ADVOCATE)

AND

1. UNION OF INDIA SECRETARY HOME DEPTT.

(DELHI)

2. INSPECTOR GENERAL OF POLICE CRPF MADHYA PRADESH SECTOR CENTRAL RESERVE POLICE FORCE BHOPAL (MADHYA PRADESH)

3. D.I.G. POLICE RANGE CRPF BANGRASIYA BHOPAL (MADHYA PRADESH)

4. COMMANDANT 80TH BT. CRPF JAGDALPUR CG (CHHATTISGARH) .....RESPONDENTS (BY SHRI PRAVEEN NEWASKAR - DY. ASGI)

This petition coming on for hearing/orders this day, the court passed the following:

ORDER

The present petition, under Article 226/227 of the Constitution of India, has been filed by the petitioner being aggrieved by order dated 05.08.2014 passed by Respondent No.2 in Revision No.R-13-80/2013/Est.-3 whereby while dismissing the revision, the order dated 15.11.2013 passed by Signature Not Verified Respondent No.3 in appeal wherein the order dated 20.07.2013 terminating the services of the petitioner from 80th Battalion, was affirmed.

2. Short facts of the case are that on 09.11.2004, the petitioner was enrolled as Constable GD No.45060615 in the Respondent-Department. While he was on duty in the 80th Battalion deputed at Jagdalpur, he was served with Memorandum No.P-A-1/13/Est./2-80, dated 08.03.2013 under Section 11(1) of the Central Reserve Police Force Act (for short ''CRPF''), 1949 read with Rule

27 of the CRPF Rules, 1955 for the following charges:-

"Article -I No.045060615 CT/GD Manoj Singh while functioning as CT/GD Manoj Singh while functioning as CT/GD in 80 BN, CRPF committed disobedience of orders/neglect of duty/remissness in the discharge of duty/other misconduct or misbehavior in his capacity as a member of the Force, U/s 11(1) of the CRPF Act, 1949 in which he was found sleeping by duty SO with his service rifle in an intoxicated condition during bonafide government duty at about 0125 hrs on 14/02/2013, which is a punishable offence under Section 11(1) of CRPF Act, 1949, read Rule 27 of CRPF Rules, 1955."

Article-II "No. 045060615 CT/GD Manoj Singh while functioning as CT/GD in 80 BN, CRPF committed disobedience of orders/neglect of duty/remissness in the discharge of duty/other misconduct or misbehavior in his capacity as a member of the Force, U/S 11(1) of the CRPF Act 1949 in which while he was performing Guard duty at Morcha No 4 on 14/02/2013 at 0140 hrs, he left sentry post and by taking rifle of other member of the force rushed towards main gate of HQ 80 BN and gave life threat to duty SO by cocking rifle, which is a punishable offence under Section 11(1) of CRPF Act, 1949, read with Rule 27 of CRPF rule 1955."

3. At the time of issuance of the charge-sheet, since the petitioner was Signature Not Verified admitted in Military Hospital, he could not file reply as he had sustained injury in his left leg due to accidental gunshot fire.

4. An inquiry Committee was constituted in respect of injury sustained to the petitioner by accidental gunshot fire. In the inquiry, Commandant appointed only the Inquiry Officer but no presenting officer was appointed.

5. The petitioner on 16.02.2013 was relieved from Maharani Medical College and Hospital, Jagdalpur and was admitted for further treatment at Unit Headquarter Hospital, where he remained hospitalized for one and half months.

6. After initiation of the inquiry, the Inquiry Officer had asked the petitioner whether he has any objection in his appointment, to which the petitioner had not objected rather consented for his appointment by putting signatures on the relevant papers. The Inquiry Officer thereupon recorded the statements of the witnesses in absence of the petitioner and no copies of statements were supplied to him, therefore, he could not cross-examine those witnesses, also the Defence Assistant appointed by the petitioner neither took any inter