Nagpur: In a significant ruling, the Nagpur Bench of the Bombay High Court has upheld the dismissal of a Central Reserve Police Force (CRPF) constable who challenged his penalty of dismissal. The court emphasized that being a member of a disciplined force, the petitioner was obligated to follow the movement and relieving orders issued by his authority.
The division bench, comprising Justice Atul Chandurkar and Justice Vrushali Joshi, found no justifiable reason for the petitioner’s failure to obey these orders. The petitioner, Kishor Giri, had been previously awarded ‘censure’ twice and ‘severe censure’ twice, and had also been on unauthorized absence on two occasions, as indicated by his service record.
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Tuesday18 March 2025
Giri’s dismissal penalty, imposed on January 3, 2008, and the subsequent dismissal of his appeal against that order on May 26, 2008, as well as the order of October 28, 2009, passed by the revisional authority, were all challenged by him. However, CRPF counsel Neerja Chaubey vehemently opposed Giri’s contentions.
Despite being provided ample opportunity, the court observed that Giri failed to utilize it effectively during the inquiry. The judges stated, “When the facts leading to the imposition of the penalty of dismissal are considered, we do not find that there is any basis whatsoever to interfere in writ jurisdiction. The petitioner is thus responsible for the position in which he finds himself placed.”
Giri’s dismissal stemmed from his refusal to comply with a movement order issued on May 10, 2007, which required him to relocate to Hyderabad. Subsequently, a departmental inquiry was initiated, highlighting his conduct as a breach of Section 11(1) of the Central Reserve Police Force Act, 1949. Following due process and consideration of relevant aspects, the inquiry officer concluded the investigation. Consequently, Giri was issued an order of punishment, resulting in his dismissal from service.
