STATE OF M P Vs. R P KATIYAR

JUDGEMENT

(1.) ALL these writ petitions are directed against the common order of Madhya Pradeih State Administrative Tribunal at Jabalpur (for short 'the Tribunal') dated 07-03-1998. Since the facts of the cases and the legal question that arises for decision-making are similar in all these writ petition, they are clubbed, heard together and being disposed of by this common order.

(2.) THE facts of the case, in brief, are as follows : On 18-09-1996 at about 12.30 a.m. Shri R.P. Katiyar, Sub-inspector and Offieer-in-charge, Manpur Police Station was investigating Crime No. 16/96, registered under Section 459/380 of I.P.C. in the presence of the witnesses, namely, Ghurauram, Shyame Singh, Deonath and Dashrath, who were summoned by the Investigating Officer for recording statements. At that time, about 35-40 Naxalites ambushed the Police Station and opened indiscriminate fire. The Sub-Inspector ordered all the police personnel in the Police Station to take arms and accordingly the police personnel, the respondents herein exchanged fire. The Naxalites threw a grenade at the Police Station and started firing through the windows of the Police Station. At that stage, according to the respondents herein, a constable Ramlal Deshmukh, by name, who was staying in the residential quarter with him family announced on a loud-speaker that he had been detained as hostage by the Naxalites and that they were threatening to kill him as well as the members of the Police families residing in the police quarters in the vicinity unless the police personnel surrender and handover the arms to them. According to the respondents, Ramlal also announced that dynamite has been spread over around the Police Station. According to Shri R.P. Katiyar, when the above announcement was made by Ramlal Deshmukh, he identified the voice of Ramlal Deshmukh and he had no reason to suspect the genuineness of the announcement. In such alarming and dangerous situation, Shri R.P. Katiyar decided to avoid the encounter with the Naxalites, because, the Naxalites were large in strength and they were also armed with sophisticated weapons like A.K.-47 and S.L. Rs. Such a decision was taken to save the lives of the police-men and their families. Accordingly, the respondents herein surrendered before the Naxalites. The Naxalites looted the arsenal kept at the Police Station and fled away. Shri R.P. Katiyar then recorded the FIR, marked as Annexure No. 1. the incident was also flashed in newspapers.

(3.) THE respondents herein being aggrieved by the above order of the Dy. Inspector General of Police filed Original Applications No. 1790 of 1997 and the batch before the Tribunal for quashing the order of the Deputy Inspector General of Police, Raipur Range removing the respondents from service by dispensing with the departmental enquiry.