# Central Reserve Police Constable (GD) vs The Union of India and Others

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2017-0031](https://datalibertarian.in/babuwatch/incident/CW-2017-0031)

## Report card

By judgment dated 6 September 2017 in Civil Writ Jurisdiction Case No. 10516 of 2015, the Patna High Court (Coram: Prabhat Kumar Jha, J.) upheld the disciplinary action taken against the Constable (GD), 265 Battalion (COBRA), Central Reserve Police Force.

- Register number: BR 01 CW 0009
- Case reference: Civil Writ Jurisdiction Case No. 10516 of 2015
- Court and date: Patna High Court (Coram: Prabhat Kumar Jha, J.), 6 September 2017
- Officer(s) at the material time: Constable (GD), 265 Battalion (COBRA), Central Reserve Police Force
- Present service status: Recorded in the cited sources as removed from service.
- Provisions invoked: Not stated in the cited sources
- Finding of the Court (extract): “The petitioner is a member of para military disciplined force and such frequent over-stayal of the petitioner in each and every year amounts to gross misconduct on which the petitioner is liable to be dismissed from service.” (at para 10)
- Verdict, sentence and quantum: Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings: No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/83655197/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2017-0031)

**Record:** CW-2017-0031 (compiler id CWC-1028); case GAP3-105-029
**Title:** Central Reserve Police Constable (GD) vs The Union of India and Others
**Court:** Patna High Court; judges: Prabhat Kumar Jha
**Case number / citation:** Civil Writ Jurisdiction Case No. 10516 of 2015
**Judgment:** 2017-09-06 (2017, day precision)
**Incident date:** 2013-06-05 (2013)
**Place:** Patna, Bihar; city town: Athmalgola; police station or unit: 265 Battalion (COBRA), Central Reserve Police Force; force: central_armed
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Officers (gated display forms):** Constable (GD), 265 Battalion (COBRA), Central Reserve Police Force (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The Patna High Court (Prabhat Kumar Jha J.) dismissed a CRPF constable's writ challenging his removal from service dated 21 March 2014. The court found three 2013 unauthorized-absence charges proved against a nine-year record of 17 absences that had previously drawn only minor confinement punishments. It held that such frequent yearly overstay by a member of a disciplined paramilitary force amounts to gross misconduct for which dismissal is the liability. The court rejected the disproportionality plea, noting the authorities' prior unexplained leniency, and left standing the removal already affirmed in appeal on 2 June 2015.

> The petitioner is a member of para military disciplined force and such frequent over-stayal of the petitioner in each and every year amounts to gross misconduct on which the petitioner is liable to be dismissed from service.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/83655197/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 10
**display title redacted:** Central Reserve Police Constable (GD) vs The Union of India and Others
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2017-09-06', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Patna High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Patna High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'Civil Writ Jurisdiction Case No. 10516 of 2015', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/83655197/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Writ dismissed; CRPF removal for habitual unauthorized absence upheld.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

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