NARAYAN SINGH LANGE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the commonality of the legal issue raised in all the 4 writ petitions, they are heard analogously and being disposed of by this common order.

(2.) Petitioners Narayan Singh Lange, Bharatlal Kaushik, Kailash Sharma and Loman Lakra have assailed the order of termination passed by the SP, Rajnandgaon as well as the appellate order and the order on their mercy petitions whereby they have been dismissed from service as Head Constable and Constable respectively. One more Head Constable namely, Bholaram Yadav has also been dismissed by the same impugned order, however, the said Bholaram Yadav is not before this Court because his Writ Petition being WPS No.4222/2005 stood dismissed for non-compliance of the Court order.

(3.) Out of the present petitioners, Narayan Singh Lange is the Head Constable whereas 3 others are Constable at the relevant point of time. They were charge sheeted for showing the act of cowardice during their posting at PS Chhuriya, District Rajnandgaon on 7.8.99 when at about 6 pm 50-60 Naxalites attacked the Police Station with intent to injure and murder the policemen and commit loot of their arms and ammunitions. In the departmental enquiry, the charges were proved against each of the petitioners, therefore, they were visited with the penalty of dismissal from service.