High Court dismissed a writ petition challenging the removal from service of a CRPF Constable. The Court upheld the penalty imposed for overstaying leave, furnishing false documents, and concealing his arrest in an FIR under Section 302 IPC, finding no procedural illegality or perversity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 22.04.2026
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.
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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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 duty/other misconduct or misbehavior. In this, form 06/04/2023 until now, he has remained absent from duty of his own volition without the permission of any competent authority, misguided the force by giving wrong information to the department and submitting an application for extension of leaves on the basis of false facts, which is against the good conduct/behavior of the force as a disciplined force member.
Item – TWO
That Bal No Constable/GD Manish Kumar Upadhyay (Gn/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 duty/other misconduct or misbehavior. The personnel has been informed under letter number Reader/SHO (Prosecution Sanction)/2023 dated 01/08/2023 from the office of Police Station- Chaubepur Commissioneraate Varanasi that he has been arrested under registered Case Crime No 256/2023 Under Section 302 at the
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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local police station and sent to judicial custody . The personnel did not inform the force about the arrest and concealed the facts from the department. Due to this act of the personnel, the image of the force has been tarnished. This unseemly act is against the good conduct/behavior of the force as a disciplined force member.
(Tashi Gayalik) Commandant-70 Battalion CRPF”
“Discription of the imputation of misconduct or misbehaviour in support of the charges leveled against Bal No 110727137 Constable/GD/10 Bn
Item- ONE
That is to say that Bal No. 110727137 Constable/GD Manish Kumar Upadhyay (GD/10 Bn) while working as a Constable/GD being a member of the Force under Section 11(1) of the CRPF Act 1949, committed disobedience of orders/neglect of his duty/laxity in the discharge of his duty/other misconduct or misbehavior Bal No.110727137 Constable/GD Manish Kumar Upadhyay was on 15 days casual leave from 16/03/2023 to 05/04/2023 (including permission dated 30/03/2023 & 04/04/2023,GH 22/03/2023 , RA 19/03/2023, 28/03/2023 & 02/04/2023 and Sunday ). After the leave expired, the personnel did not report for duty in the office and was absent from leave since 06/04/2023. Thereafter, the personnel submitted another application on 15/05/2023 stating that he would report for duty on 16/05/2023, but the personnel did
Signature Not Verified
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not report for duty on 16/05/2025. Subsequently, the personnel submitted another application on 19/05/2023 stating that he would report for duty on 25/05/2023. In this regard, the competent authority had extended the personnel’s leave till 26/05/2023. After this, the personnel did not report for duty on 26/05/2023 either, and on 26/05/2026, he submitted another application stating that the personnel would report by 28/05/2023, but the personnel did not report for duty even after 28/05/2023 had passed. Accordingly, an arrest warrant was also issued against the personnel by this office on 30/05/2023. Meanwhile, it came to the knowledge of this office through the online news portal www.jagran.com dated 02/06/2023 that the personnel had been arrested by the Civil Police, Mata Shri Varanasi, (Uttar Pradesh) on 01/06/2023. The personnel did not report for duty and repeatedly misled this office by requesting extension of leave, which is against the good conduct/behavior of a disciplined Bal member.
Item- TWO
That Bal No. 110727137 Constable GD/Manish Kumar Upadhyay (G/70 Bn), while working as a Sub- Inspector/GD, being a member of the CRPF under Section 11(1) of the CRPF Act 1949, committed disobedience of orders/neglect of his duty/laxity in the discharge of his duty/other misconduct or misbehavior. Information was sought from the office of Police Station-Chaubepur Commissionerate Varanasi under letter no. G-69 SHO (Prosecution Permission)/2023 dated 01/08/2023 regarding Manish Kumar Upadhyay S/O Anil Upadhyay resident of Phulwaria Post-Samudpur, Police StationBalua, District Chandauli. In this regard, it is informed that the name of accused
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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Manish Kumar Upadhyay S/O Anil Upadhyay resident of Phulwaria, postSamudpur, Police Staion-Balua, DistrictChadauli has come to light in case file no. 256/2023 under Section 302 IPC registered at the local police station. He has been arrested on 01/06/2023 and sent to judicial custody . In this sequence, 95 Bn. Sent its wireless no. eight-01/2023-95-sthaTwo dated 09/06/2023, this office was informed that a special representative from their Battalion was sent to Police Station – Chaubepur, Varanasi (Uttar Pradesh) on 09/06/2023, and they orally informed that a case is registered against an unknown person under Section 302, Case No.256/2023, and the scence of the incident is Bhagatuwa Chauraha , P.S. – Chaubepur,, Varanasi (Uttar Prades). The case is registered against an unknown person, and the personnel has been arrested based on identification because the motorcycles was seized at the scene of the incident based on its registration on 01/06/2023. The Commandant- 70 Battalion was informed about the said case against Bal No 110727137 Constable/GD Ganesh Kumar Upadhyay through the police. The personnel did not inform the department about the arrest and concealed the facts from the department. Due to this act of the personnel, the image of the force has been tarnished. This indecent act,as a member of a disciplined force, is against the good conduct/behavior of the force.
(Tashi Gyalik) Commandant-70 Battalion,CRPF”
(emphasis supplied)
Signature Not Verified
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Disciplinary Authority and held the Petitioner guilty of both Items/Charges One and Two, by observing that the information about the Petitioner’s arrest was received from the civil police and the Petitioner had sent false information to the department regarding his absence.
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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commensurate with the gravity of misconduct on the part of the Petitioner. The relevant extract is reproduced herein below: -
“5. AND WHEREAS, the undersigned has gone through the Revision Petition dated 25/03/2025 and after careful examination of this revision petition dated 25/03/2025 submitted by the Petitioner, with the relevant records and DE proceedings, it has been observed that the petitioner was sanctioned 15 days casual leave from 16/03/2023 to 05/04/2023 with permission to avail 30/03/2023, 04/04/2023 G.H., 22/03/2023 R.H. and 19/03/2023, 26/03/2023 and 02/04/2023 being Sundays. He was due to report back for duty on 05/04/2023 in the evening roll call, but he failed to do so and overstayed from leave w.e.f. 06/04/2023 without any permission/prior sanction of leave from the Competent Authority.
6 Despite several directives from the Company Commander, G/70 Bn, vide letters dated 15/04/2023, 24/04/2023 and 02/05/2023, the petitioner neither reported for duty nor communicated with the unit with supported documents. However, petitioner submitted requests for extension of leave citing an accident and also failed to report on the dates as assured by him. Based on his persistent absence and misleading department, a warrant of arrest was issued on 30/05/2023. The petitioner deliberately concealed the material fact of his involvement in a criminal. case and failed to report the matter to the department, thereby violating the principles of discipline and transparency expected of a member of the Force in CRPF.
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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7. AND WHEREAS, on 10/06/2023, a communication from SHO,PS Baluwa, Chandauli (U.P.) revealed that a criminal case (FIR No.256/2073 under Section 302 IPC) had been registered against him at PS-Chaubepur, Varanasi, and petitioner was arrested on 01/06/2023 and remained in Judicial custody at District Jail, Varanasi. The petitioner was placed under deemed suspension w.e.f. 01/06/2023 under Rule 10(2) of the CCS (CCA) Rules, 1965, vide order dated 21/06/2023. The civil police later confirmed sufficient evidence was found during investigation under FIR No. 256/2023. In view of his unauthorized absence, deliberate misrepresentation, and involvement in a serious criminal offence, the Disciplinary Authority initiated Departmental Action against the petitioner and Memorandum of Charges was framed vide letter No.P.VIII01/2023-70-EC-II dated 02/09/2023. Every members of the force are expected to have the core values of discipline, integrity, and public trust. The petitioner was to maintain exemplary conduct and discipline at all times, whether on duty or off duty. The act of misconduct of the petitioner is wholly incompatible with the ethical standards of the disciplined force. The petitioner's involvement in a grave and heinous criminal case has severely undermined the image and reputation and also detrimental to the dignity and credibility of the Force.
AND WHEREAS, the Departmental Enquiry was conducted strictly in accordance with Rules and regulations by giving ample opportunities to the petitioner in jail at every stage of enquiry to defend himself, but he failed to submit any evidence/documents in support of his defence. Further, petitioner also refused to avail services of Defence Assistant during the preliminary bearing. The memorandum
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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of charges were served on the petitioner with the charges of overstaying from leave and for not informing department about his involvement in criminal cases as well as on his arrest by the Civil Police. The statement of petitioner in his revision petition dated 25/03/2025 that he was falsely implicated in a FIR vide case crime No 256 of 2023 lodged against him cannot be taken into consideration since it is subjudice.
9 As regards non-conducting of DE in Jail also refuted since no such request put forth by the petitioner during enquiry. Petitioner's claim that he was pot provided with documents is also refuted, since he had himself admitted that he has received all connected documents in questionnaire dated 26/10/2023. Further petitioner also denied availing facility of defence assistant during proceedings.
Further, the Petitioner, in his present revision petition dated 25/03/2025 has not submitted any new fact or evidence in support of his request to set aside/ to interfere with the orders passed by the Disciplinary Authority or the Appellate Authority. The penalty of "Removal from Service" with effect from 22/03/2024 (AN) imposed upon the petitioner is commensurate with the gravity of misconduct on the part of the petitioner.
NOW THEREFORE, by virtue of powers vested in Rule 29 of CRPF, Rules 1955, 1, after considering the petition and applying my mind judiciously, find no cogent reasons to interfere with the penalty imposed upon the Petitioner vide order No.P.VIII-2/2024EC-11 dated 22/03/2024 of the Commandant 70 Bn CRPF and punishment upheld by the DIGP, Range, CRPF, Gandhinagar vide order No.R.XIII-
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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70/2025-EC-3-Range GNR dated 22/02/2025. The penalty of "Removal from Service" awarded to No.110727137 ExCT/GD Manish Kumar Upadhyay of 70 Bn. CRPF, is found to be just, fair, and proportionate to the gravity of the misconduct committed by the Petitioner. Given the seriousness and recurring nature of the indiscipline, the punishment awarded is appropriate and warranted in the interest of maintaining the standards of discipline and integrity within the force. Accordingly. the revision petition dated 25/03/2025 preferred by the petitioner is hereby rejected. being devoid of merit.
(Virendra Agrawal) Inspector General”
(emphasis supplied)
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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a) The Petitioner was sanctioned only 15 days casual leave but he overstayed from leave without any permission/prior sanction of leave from the Competent Authority;
b) Despite several directives from the Company Commander, the petitioner neither reported for duty nor communicated with the unit with supported documents; c) The Petitioner submitted requests for extension of leave citing several reasons such as an accident etc. and deliberately concealed the material fact of his involvement in a criminal. Case;
d) The Petitioner submitted a false medical document dated 13.05.2023 along with the application for extension of leave and it was found that the name of the patient mentioned in the said advice slip is Manoj Upadhyay (who is the brother of the Petitioner); e) Hence, for furnishing false information/documents, an arrest warrant was issued against the Petitioner, by the Commandant- 70 BN CRPF, and it was only during the execution of the warrant it was revealed by the concerned SHO that the Petitioner has been arrested in the criminal
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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case and is in judicial custody. This proved that he was hiding information of his arrest;
f) During the proceedings, it has been admitted that the documents inter alia witness statements, reports, orders etc. have been supplied to the Petitioner and he had been given the opportunity to give his statement of defence, reply to charges, take a defence assistant, crossexamine witnesses, which he himself did not avail.
“Question:- 2 After the statements, questions and answers, and crossexamination of all prosecution witnesses, do you still accept the charges leveled against you under Memo No. P-Eight-01/2023-Estt Two70 dated 02/09/2023, Article-1 & Article-2?
Answer:- Sir, I accept the charges leveled in Article-One, and I also
Signature Not Verified
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accept the charges leveled in ArticleTwo, but I did not know that the department had to be informed about the arrest either in written or oral form.”
(emphasis supplied)
AMIT MAHAJAN, J.
ANIL KSHETARPAL, J.
APRIL 22, 2026
Jan
Signature Not Verified
Signed By:HARMINDER KAUR W.P.(C) 5429/2026 Signing Da te:2 4.04.2026 16:59:53
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2 issues framed by the court
Was the penalty of removal from service disproportionate for overstaying leave and concealing arrest in a murder case?
Was the departmental inquiry conducted in violation of principles of natural justice?
4 provisions across 4 enactments
Manish Kumar Upadhyay
Union of India
Anil Kshetarpal
Amit Mahajan
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
