TMI Blog2011 (10) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... he complaint that he was detailed with vehicle no.25 to carry patrolling party on Chandel Palel Road but he left the vehicle unattended and absented himself without permission of his superior officer and reported on his own after 20 minutes. It was also alleged in the complaint that while he was on duty, he consumed illicit alcohol and in an inebriated state of mind misbehaved with his superior officer H.N. Singh, snatched his AK-47 rifle and pointed the barrel of the rifle to him and on the intervention of Lachhi Ram, Assistant Commandant, the barrel of the rifle was pointed upward and an untoward incident was avoided. A copy of the complaint was served on the respondent and a disciplinary enquiry was conducted and the Assistant Commandan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubmitted that Section 12(1) of the Act provides that every person sentenced under the Act to imprisonment may be dismissed from the CRPF and in exercise of this power the Commandant 22 Battalion, CRPF, dismissed the respondent from service by order dated 10.06.1993. He submitted that the findings in the judgment of the Assistant Commandant- cum-Magistrate in the order under Section 10(n) of the Act would show that the respondent was guilty of grave charges of indiscipline and therefore the Division Bench of the High Court was not right in coming to the conclusion in the impugned order that the punishment of dismissal from service was disproportionate. 5. Mr. J.P. Dhanda, learned counsel appearing for the respondent, on the other hand, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2(1) of the Act are extracted hereinbelow: 10. Less heinous offences:- Every member of the Force who (n) is guilty of any act or omission which, though not specified in this Act, is prejudicial to good order and discipline; or shall be punishable with imprisonment for a term which may extend to one year, or with the fine which may extend to three months' pay, or with both. 12. Place of imprisonment and liability to dismissal on imprisonment.-(1) Every person sentenced under this Act to imprisonment may be dismissed from the Force, and shall further be liable to forfeiture of pay, allowance and any other moneys due to him as well as of any medals and decorations received by him. It will be clear from Section 10(n) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by a member of a disciplined force like the CRPF were serious enough to warrant dismissal from service. 8. The Division Bench of the High Court has taken a view in the impugned order that as the respondent has been punished for imprisonment for a less heinous offence and only till the rising of the court, the punishment of dismissal was disproportionate. The Division Bench of the High Court failed to appreciate that for less heinous offences enumerated in Section 10 of the Act, a person was liable for punishment with imprisonment and under Section 12(1) of the Act every person sentenced under the Act to imprisonment was liable to be dismissed from the CRPF. In other words, the legislative intent was that once a member of the CRPF was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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