UNION OF INDIA Vs. SITARAM MISHRA

JUDGEMENT

(1.) The first respondent was enlisted as a constable in the CRPF on 20 September 1971. He was posted in the 41st Batallion in September 1989. In February 1998, he was functioning as Head Constable and was deployed at Ractiacherra, Police Station Jirania, West Tripura. A carbine was issued to him. It is alleged that, on 18 February 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, eight rounds were fired. One of the bullets hit a co-constable who was present in the barracks. He died as a result of the injuries which were sustained. A First Information Report was lodged. The Commandant initiated a disciplinary proceeding against the first respondent. The charge was in the following terms:

(2.) After conducting a disciplinary enquiry, the Enquiry Officer submitted a report on 12 March 1999. The first respondent was held to be guilty of misconduct by the disciplinary authority, as a result of which the penalty of dismissal from service was imposed under Section 11(1) of the CRPF Act 1949 read with Rule 27(a) of the CRPF Rules 1955. The appeal as well as the revision petition filed by the first respondent were dismissed.

(3.) The first respondent was also tried of an offence under Section 304 of the Indian Penal Code 1860 "IPC". He was acquitted by the Judicial Magistrate, First Class, Agartala, Tripura West on 5 January 2002.