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| HC set-aside compulsorily retirement of CRPF personnel | | | Early Times Report
Jammu, Apr 29- Allowing a petition challenging the compulsory retirement order passed by CRPF authority on August 16, 2001, Justice Hakim Imtiyaz Hussain of Jammu and Kashmir High Court Jammu Wing today set-aside the impugned order with the direction that respondents may pass appropriate orders with regard to reinstatement of petitioner with effect from the date a copy of this order is served upon them by the petitioner.
Justice Hssain, after hearing Advocate Pratiba appearing for the respondents and Advocate Surinder Kour appearing for the petitioner, observed that where perusal of the section 11 would reveal that compulsorily retirement is not a punishment provided under this section. In these circumstances, Court finds that the respondent could not have imposed penalty of compulsorily retirement on the petitioner and allowed this petition and set-aside the impugned order (order dated August 16, 2001) with the direction to respondent that they may pass appropriate orders for reinstatement of the petitioner with effect from the date a copy of this order is served upon them by the petitioner.
The Court clarified that this order, however, shall not prevent the respondents to proceed against the petitioner in accordance with the rules from the stage prior to imposition of penalty which stands quashed.
Head Constable Yadram while he was in service in the CRPF was cleaning his gun and due to alleged negligence a bullet was shot from the gun. The enquiry was conducted by the officers and imposed penalty of compulsorily retirement of the petitioner vide order dated August 16, 2001 which was challenged by the petitioner through Adv Surinder Kour on the various grounds that the respondents could not have imposed the penalty of compulsorily retirement on the petitioner as it was not a penalty prescribed u/s 11 of Central Reserve Police Force Act 1949.JNF
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