CRPF can't dismiss staffer for not following maintenance order: Punjab and Haryana high court

CHANDIGARH: The Punjab and Haryana high court has set aside a Central Reserve Police Force (CRPF) order dismissing a constable for not paying maintenance to his wife, observing that "such punishment was disproportionate to the alleged offence".
The HC also pointed out that in case a member of the force does not maintain his family, CRPF could not take action if the matter is pending before the court.
The HC was of the view that the intent of punishment was to compel the petitioner to pay maintenance whereas CRPF has dismissed him from service, resultantly, the entire family is deprived ..., which is contrary to intent and purport of punishment.

Justice Jagmohan Bansal of the HC has passed these orders while hearing a plea filed by Surender Kumar of Mahendragarh district in Haryana.
The court further observed: "Existence of power and judicious exercise of power are two different facets of punishment jurisprudence. The authorities are duty-bound to consider the nature of offence and mitigating circumstances."
Pass fresh order of punishment: HC to CRPF
The petitioner was already married and had two children when he joined the CRPF as a constable on November 29, 2010. After a matrimonial dispute on account of alleged illicit relations, his wife approached the court as well as CRPF. A local court in Mahendergarh directed him to pay maintenance of Rs 10,000 per month to his wife and children. The CRPF served a chargesheet dated October 24, 2017, alleging that petitioner had disobeyed orders of higher authorities, and was not paying maintenance to his wife and children, thus he has committed an offence punishable under relevant sections of CRPF Act.
Following an inquiry, his commandant through an order dated April 7, 2018, ordered his dismissal from service. While challenging the dismissal before the HC, his counsel told the HC there was no allegation of dereliction of duty and the prime allegation against the petitioner was that despite orders of Commandant, he had not paid maintenance to his wife. The court was apprised that he was maintaining his family and the matter had been amicably resolved.
The petitioner also appeared before the HC along with his wife and submitted that CRPF may deduct and thereafter pay 50% of his salary to his wife. The court has directed the CRPF to pass a fresh order of punishment other than removal from service.