IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30558 of 2009(L)
1. PANKAJAKSHAN,NO.830752766 HC/GD/51BN/
... Petitioner
Vs
1. COMMANDANT,51,BATTALLION,CRPF,
... Respondent
2. UNION OF INDIA,
For Petitioner :SRI.L.G.SURESH BABU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/10/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.30558 OF 2009 (L)
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Dated this the 28th day of October, 2009
J U D G M E N T
Petitioner was a Head Constable in the CRPF. While working at
Gujarat, disciplinary action was initiated against him by Ext.P1. After
completing the proceedings he was removed from service by Ext.P2
order dated 26.3.2003. It is challenging Ext.P2 that this writ petition
is filed.
2. First of all, the writ petition is highly belated and there is
absolutely no explanation forthcoming justifying the delay. Further,
proceedings were initiated and completed at the time when the
petitioner was working at Gujarat. If that be so, the petitioner ought
to have sought his remedies in the Court within whose jurisdiction
the cause of action has arisen.
3. Even apart from all this, a reading of Ext.P1 charges show
that the petitioner had consumed alcohol while on duty and that too
while at Gujarat where prohibition is in force. He is also alleged to
have refused to follow lawful orders and neglected duty at the place
of his work. These misconducts have been proved and charges
WPC.No.30558 /09
:2 :
itself reveal that punishments have been imposed on the petitioner
on five previous occasions.
4. In these circumstances, having regard to the fact that the
misconducts were proved against the petitioner I cannot find fault
with the authorities in having removed the petitioner from service.
Writ petition fails and is dismissed.
(ANTONY DOMINIC)
JUDGE
vi/
