The petitioner, a Constable in the Central Reserve Police Force (CRPF), was subjected to disciplinary proceedings in connection with an accident which occurred while he was driving a vehicle on 28.10.1992. He was imposed with the punishment of removal from service under order dated 10.08.1993. Aggrieved thereby, he preferred an appeal to the Deputy Inspector General of Police, CRPF. The appellate authority allowed the appeal by order dated 10.12.1993, directing reinstatement of the petitioner in service but ordering that he should be placed under suspension after such reinstatement till completion of a fresh departmental enquiry for misconduct. =To begin with, the Special Director General, Southern Sector, CRPF, Hyderabad, had no jurisdiction to exercise power under Rule 29(d) of the Rules of 1955 in the year 1997, and therefore, his action in issuing a show-cause notice and thereafter enhancing the punishment imposed upon the petitioner was without legal sanction. Further, even if the said exercise of power is assumed to be valid for any reason, the same was not within a reasonable time and such belated exercise of suo motu power cannot be sustained on facts and in law.The writ petition is therefore allowed setting aside the order dated 29.10.1997 passed by the Special Director General, Southern Sector, CRPF, Hyderabad, and the order dated 14.05.1998 of the Director General of Police, CRPF, New Delhi, confirming the same in appeal. The petitioner shall be reinstated in service but as he remained out of uniformed service for all these years, he would be entitled to continuity of service only with notional attendant benefits. He shall not be entitled to any monetary benefits for the period that he remained out of service. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs.
The petitioner, a Constable in the Central Reserve Police Force (CRPF), was subjected to disciplinary proceedings in connection with an accident which occurred while he was driving a vehicle on 28.10.1992. He was imposed with the punishment of removal from service under order dated 10.08.1993. Aggrieved thereby, he preferred an appeal to the Deputy Inspector General of Police, CRPF. The appellate authority allowed the appeal by order dated 10.12.1993, directing reinstatement of the petitioner in service but ordering that he should be placed under suspension after such reinstatement till completion of a fresh departmental enquiry for misconduct. =To begin with, the Special Director General, Southern Sector, CRPF, Hyderabad, had no jurisdiction to exercise power under Rule 29(d) of the Rules of 1955 in the year 1997, and therefore, his action in issuing a show-cause notice and thereafter enhancing the punishment imposed upon the petitioner was without legal sanction. Further, even if the said exercise of power is assumed to be valid for any reason, the same was not within a reasonable time and such belated exercise of suo motu power cannot be sustained on facts and in law.The writ petition is therefore allowed setting aside the order dated 29.10.1997 passed by the Special Director General, Southern Sector, CRPF, Hyderabad, and the order dated 14.05.1998 of the Director General of Police, CRPF, New Delhi, confirming the same in appeal. The petitioner shall be reinstated in service but as he remained out of uniformed service for all these years, he would be entitled to continuity of service only with notional attendant benefits. He shall not be entitled to any monetary benefits for the period that he remained out of service. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. There shall be no order as to costs.