IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10065 of 2013

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Constable No. 911120653 Hawaldar, G.D. Datta Singh @ Dhatta Singh, S/o

Late Sri Handi Ram R/O Village- Bajaheda, P.O.- Mudoti, P.S.- Nagar, Dis-

trict- Bharatpur Rajasthan

... ... Petitioner/s

Versus

1.

The Union of India through Home Secretary, Government of India, New

Delhi.

2.

The Inspector General, CRPF, Bihar Sector, Patna, Bihar

3.

The Deputy Inspector General Administration, Bihar Sector, Patna

4.

The Dig, CRPF, Muzaffarpur Range, Bihar

5.

The Dig, CRPF, Agartala Range, Tripura

6.

The Commandant, 190 Battalion, CRPF, Chatra, Jharkhand

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr. Akshay Ashish, Advocate

Mr. Ramanuj Tiwary, Advocate

For the Respondent/s

:

Mr. Awadhesh Kumar Pandey, Sr. Panel Counsel

Mr. R.K. Sharma, CGC

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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 31-08-2022

Heard learned counsel for the respective parties.

02. In the instant petition, petitioner has prayed for fol-

lowing reliefs:-

“(i) That the order dated

10.01.2013 passed by respondent no. 2

I.G. CRPF, Bihar sector contained in an-

nexure-8 may be quashed.

(ii) That the order dated

12.07.2012 passed by respondent no. 5

DIG CRPF, Agartala Range, Tripura con-

tained in annexure-6 may be quashed.

(iii) That the order dated

10.01.2013 passed by respondent no. 6

Patna High Court CWJC No.10065 of 2013 dt.31-08-2022

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commandant 190 Battalion,CRPF, con-

tained in annexure-5 may be quashed.

(iv) That any other relief or re-

liefs may be allowed which will be just

proper and equitable on the opinion of this

Hon’ble court.”

03. The petitioner joined as Constable in C.R.P.F on

08.07.1991 and he has earned promotion to the post of Head Con-

stable on 15.05.2010. For remaining unauthorized absent for a pe-

riod of 13 days read with earlier absent of 36 days he was charge-

sheeted on 17.09.2011 and it was concluded in imposition of

penalty of compulsory retirement on 20.03.2012.

04. Feeling aggrieved and dissatisfied with the order of

compulsory retirement, he has exhausted remedy of appeal and re-

vision. In both the proceedings, he has suffered orders on

12.07.2012 and 10.01.2013 respectively. Thus, he has presented

this petition.

05. Learned counsel for the petitioner submitted that

having regard to the alleged charge imposition of major penalty of

compulsory retirement would be too harsh. Therefore, imposition

of penalty of compulsory retirement be modified to any other mi-

nor penalty and he shall be reinstated and extended all service and

monitory benefits.

06. Per contra, learned counsel for the respondent re-

sisted the aforesaid contention and submitted that having regard to

Patna High Court CWJC No.10065 of 2013 dt.31-08-2022

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the alleged charge that he remained unauthorized absent for 13

days and he has committed similar misconduct in the past and re-

mained unauthorized absent for 36 days, therefore, there is no in-

firmity in the order of the disciplinary, appellate and revisional au-

thorities. Hence, no interference is called for.

07. Heard learned counsel for the respective parties.

08. The petitioner joined service on 08.07.1991 as a con-

stable and has earned promotion as post of Head Constable on

15.05.2010. For a period of 13 days absent read with the past mis-

conduct of remaining unauthorized absent for 36 days, he has been

punished with a penalty of compulsory retirement on 20.03.2012.

and it is affirmed by next higher authorities.

09. Having regard to the length of service rendered by

the petitioner from 08.07.1991 and the fact that he remained unau-

thorized absent for 13 days and similar unauthorized absent for a

period of 36 days in the past and imposition of major penalty of

compuls