MANISH KUMAR UPADHYAY vs UNION OF INDIA AND ORS.

Judgment text excerpt

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 22.04.2026 + W.P.(C) 5429/2026 MANISH KUMAR UPADHYAY .....Petitioner Through: Mr. Bhanu Gupta, Advs. versus UNION OF INDIA AND ORS. .....Respondents Through: Ms Shivani Luthra Lohiya, Mr. Nitin Saluja, Ms. Vasudha Singh, Advs. with Mr. Ajay Pal, Law Officer, Insp Athurv and Mr. Ramniwas Yadav, CRPF. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN J U D G M E N T (ORAL) AMIT MAHAJAN, J. 1. The present Petition has been filed assailing the impugned orders dated 22.03.2024, 22.02.2025 and 23.09.2025, passed during the disciplinary proceedings conducted against the Petitioner herein, vide which he was held guilty of the charges imposed and consequently removed from service. 2. Succinctly stated, the Petitioner was appointed in the Central Reserve Police Force (‘CRPF’) on 25.08.2011 to the post of Constable/GD. 3. On 01.06.2023, the Petitioner was arrested in FIR No. 256/2023 registered at Police Station Chaubepur, Varanasi, under section 302 of the Indian Penal Code, 1860 and was sent to judicial custody. Hence, Signature Not Verified Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Page 1 of 14 Signing Date:24.04.2026 16:59:53 on 02.09.2023, the Commandant-70 BN CRPF, proposed to initiate inquiry against the Petitioner and a memorandum of charge was issued upon him, details of which are reproduced herein below: - “Details of the charges levelled against Bal no 110727137 Constable Manish Kumar Upadhyay (G/70 Bn) Item – ONE That Bal No 110727137 Constable /Manish Kumar Upadhyay (G/70 Bn), while working as a Constable/GD in the CRPF, being a member of the Force Under Section 11(1) of the CRPF Act 1949, has committed disobedience of orders/neglect of his duty/laxity in the discharge of his d