PARAMESH G NAYAK S/O GURAPPA Vs. UNION OF INDIA REP BY ITS SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK

JUDGEMENT

(1.) The petitioner is in the services of the respondent- Central Reserve Police Force, having been selected and appointed as a Constable/GD in the year 2003. When the petitioner was discharging his duties, at 143 Battalion, Lamphel Kote, Imphal, Manipur, an incident occurred on 11.10.2010, which became the basis for the dispute.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner had back pain and he was not normally given duty of sentry, since a sentry was required to stand for two hours with a machine gun. Further, it is submitted that since another Constable was not available for doing sentry duty, the petitioner was posted as sentry at Kote between 5.00 a.m. to 7.00 a.m. When the petitioner was standing guard as sentry at Kote, another Constable by name Fomin Mohan, was seen chasing a Head Constable/GD by name U.Vincent in front of the Kote, where the petitioner was standing guard. It is submitted that when the said Fomin Mohan was chasing U.Vincent with a gun in his hand, the petitioner did not try to intervene or stop said Fomin Mohan from opening fire against U.Vincent. It is given to understand that said Fomin Mohan killed three Constables by opening fire.

(3.) The charges were framed against the petitioner that while functioning as Constable/GD of G/143 Battalion, CRPF, the petitioner committed an act of misconduct in his capacity as a member of the Force under Section 11(1) of the CRPF, Act, 1949, in that, on 11.10.2010, while he was performing Kote sentry duty from 5.00 hours to 7.00 hours, Constable Fomin Mohan opened fire with the intention to kill Head Constable/GD U.Vincent and chased him in front of the Kote. However, the petitioner failed to control the Constable Fomin Mohan effectively even though being an armed sentry of Kote and instead shamefully abandoned the sentry post and took shelter in a barrack where Company office was functioning, which is prejudicial to the good order and discipline of the Force and unbecoming of a member of the Force.