M. MUTHU Vs. UNION OF INDIA
LAWS(MAD)-2022-11-189
HIGH COURT OF MADRAS
Decided on November 18,2022

M. Muthu Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (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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