JUDGEMENT
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(1.)The punishment of dismissal from service imposed on the writ petitioner by the Disciplinary Authority and which was confirmed by the
Appellate Authority and Revisional Authority, are under challenge in the
present writ petition.
(2.)The petitioner joined in the Central Reserve Police Force (CRPF) as Constable on 25/9/2004. While the petitioner was serving in 97
Battalion CPRF, Jharkhand, he reported to A/97 Battalion Company. The
Officer Commanding (OC) Shri V.Sumesh Kumar of the Company asked the
petitioner to do orderly duties to assist him in doing all kind of personal
works. The petitioner expressed his inability to do such duties as he was
interested only for performing all kind of combatant duties applicable for
Constable Rank in CRPF. On behalf of OC A/97 Battalion, Company
Havildar Major and Mess SO insisted the petitioner to do orderly duty to OC
A/97 Battalion. The petitioner again expressed his inability and stated that he
is not interested in performing orderly duties. This was the incident, which
created personal vengeance against the petitioner in the mind of the Superior
Officials.
(3.)The petitioner states that in an another occasion, while the Company was deployed for Election Duty at Nellore, Andhra Pradesh during
February 2014, every Saturday evening a mini cultural programme was being
conducted at Company location under the supervision of Shri.V.Sumesh
Kumar, OC A/97 in which and talented personnel used to sing and dance in
front of Company personnel. When the Company Commander asked the
petitioner to sing and dance after finishing the mess mess meeting, the
petitioner expressed his inability to sing and dance being a shy person. The
Company Commander repeatedly asked the petitioner in abused manner and
the petitioner could not do the same. Thereafter, the Company Commander
used to behave indifferently with the petitioner. Whenever, the Company
personnel applied for leave, Company Havildar Major (CHM) pressurised
them to offer liquor bottles for ensuring sanction of leave. The petitioner
refused to give liquor bottle, whenever his leave was sanctioned.
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