Removal of CRPF constable for `moral turpitude` upheld by HC
Chennai: The Madras High Court on Saturday upheld the removal of a CRPF constable from service by a disciplinary panel, which was later confirmed by the Appellate Authority.
Allowing an appeal by the commandant of 19th Battalion of CRPF, Manipur and other officials of CRPF, a Division Bench comprising N Paul Vasanthakumar and Justice R Mahadevan set aside a single judge`s order of June 26, 2009, directing the authorities to reinstate constable P Yasin with continuity in service, but without back wages.
Yasin was joined CRPF on September 3, 1994 and posted to 19th Battalion, Kashmir on July 24, 1995. The battalion moved to Secundrabad attached to Group Centre Avadi, Chennai. Additional Inspector General of Police and Deputy Inspector General of Police, CRPF, Avadi controlled the battalion.
Yasin applied for leave from December 8, 1998 to February 6, 1999, and he rejoined duty at Secundrabad on February 8, where he was served a charge memo of suspension.
The charges were that being married he had developed an illegal relationship with a local girl at the place of duty and eloped with her and also that he committed a grave offence of misconduct in his capacity as member of the force by eloping with her from December 18 to 20, 1998 while on earned leave, resulting in the girl`s father filing a complaint.
After an enquiry by the authorities, the charges were proved right and the Disciplinary Authority removed him from service on June 30, 1999. Yasin then moved the Madras High court. The single judge who set aside the order, directed the authorities to reinstate him, which they challenged.
The bench which allowed their appeal in its order said once the charges were proved on the basis of the admission of the officer, the Disciplinary Authority was entitled to impose appropriate punishment.
While referring to a Supreme Court judgement, the bench said the act of Yasin staying with a girl for two days which resulted in the father filing a complaint was definitely an unlawful act, involving moral turpitude. It justified the order of removal from services passed by the authorities and set aside the order of single judge.
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