HC directs reinstatement of CRPF men
Source: Chronicle News Service

Imphal, January 24 2025: The High Court of Manipur has ordered the reinstatement of three CRPF personnel - Sharubam Brojendro Singh, Shiv Kishore Pathak, and Raj Bahadur, who had been dismissed from service under controversial circumstances.

The judgment, delivered by Justice A Gune-shwar Sharma on January 20, addressed petitions filed separately by the dismissed troopers.

Sharubam Brojendro Singh, a constable with the CRPF, had been dismissed following allegations of unauthorised absence.

The petitioner argued that his absence was due to personal hardships, including the illness and subsequent death of his new-born son in 2016.Despite providing representations explaining his situation, the departmental inquiry was conducted ex-parte, and he was dismissed from service on August 4, 2017 .

The court found that procedural lapses, including delayed communication of the showcause notice and insufficient consideration of his defence, had violated principles of nat ural justice.

Shiv Kishore Pathak's case revolved around allegations of misconduct and negligence during his tenure in Assam.

Accused of firing his weapon while on duty, he faced penalties, including a reduction in pay.

However, Pathak maintained that the charges were based on hearsay and lacked substantive evidence.

Witnesses in the departmental inquiry did not corroborate claims of intoxication or intent, and no medical examination was conducted to verify the allegations.

The court observed procedural irregularities and a lack of credible evidence in his dismissal.

Raj Bahadur's dismissal stemmed from allegations of financial misconduct related to unexplained bank transactions.

He argued that the transactions were linked to personal circumstances, including funds from his family.

The court found that the inquiry against him was conducted ex-parte, with critical procedural violations, such as the absence of proper notice and opportunity for defence.

Observing that the principles of natural justice had been compromised in all three cases, the court directed the respondents to reinstate the petitioners with immediate effect with all consequential benefits including seniority.

However, the authority may decide the entitlement of back wages with regard to Sharubam Brojendro and Raj Bahadur, it mentioned.

The respondents (MHA & CRPF authorities) are at liberty to initiate fresh inquiry, if so advised, after complying with all relevant provisions by giving opportunity of being heard to the petitioners.

Since the alleged misconducts happened almost a decade ago, the respondents may consider the feasibility and practicability of holding fresh inquiry and availability of witnesses, the court order said.

Comment