Telangana High Court Directs CRPF to Disburse Benefits to Missing Constable's Family
The Telangana High Court has issued a significant directive to the Central Reserve Police Force (CRPF), ordering the disbursement of all admissible service and pensionary benefits to the legal heirs of M Srikanth, a physically challenged constable who went missing in 2015. A division bench, comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, quashed the removal order against Srikanth and mandated the payment of benefits, subject to an indemnity bond.
Background of the Case
M Srikanth, a native of Guntur, joined the paramilitary force in 2005 and was posted to the elite C 207 CoBRA Battalion, a specialized unit designed for counterinsurgency and jungle warfare operations against Naxalites. In 2012, he lost his left leg after accidentally falling from a running train while returning to duty after leave, leading to him being declared unfit for combat.
In 2015, Srikanth was sent to the CRPF Group Centre in Jharodakalan, New Delhi, for a skill development programme for personnel with disabilities. He went missing days before he was scheduled to return home. The CRPF initially lodged a missing person complaint and obtained an arrest warrant but later conducted an ex parte departmental inquiry, terminating his service in January 2017 on grounds of unauthorised absence.
Legal Battle and Court's Ruling
Challenging the removal and denial of benefits, Srikanth's father, M Appa Rao, moved the high court. Petitioner's counsel G Pavana Murthy argued that removing a missing employee was arbitrary and illegal, emphasizing that since Srikanth disappeared from the campus, the responsibility lay with the authorities, especially given his disabled status.
The bench ruled that denying benefits to the family in such circumstances would discourage families from sending their wards to serve in the force. It noted that since Srikanth disappeared from the precincts of the Group Centre while under the command of the administration, he was effectively in the custody of his regimental family.
Concerns Over Evidence and Investigation
The court expressed concern over the CRPF's claim that registers and CCTV footage from the period of Srikanth's disappearance had been weeded out or erased, despite a 2022 court order to produce them. It also highlighted that investigations by the Guntur police confirmed Srikanth never returned to his native village, undermining the CRPF's contention that he was a habitual offender of indiscipline.
Although the CRPF argued that Srikanth had disciplinary issues, the high court found the removal unsustainable, emphasizing the need for accountability and support for the families of missing personnel.
Implications of the Judgment
This ruling sets a precedent for handling cases of missing personnel in security forces, particularly those with disabilities. It underscores the legal obligation of authorities to ensure fair treatment and financial security for the families of employees who go missing while under official command.
The court's decision reinforces the importance of procedural integrity and compassion in administrative actions, aiming to uphold the morale and trust of those serving in challenging roles.
