KRISHNA KANHAIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present writ petition is to the orders Annexures P/17, P/15, P/13 and P/11, dtd. 20/6/2008, 2/1/2008, 3/4/2007 and 14/12/2006 respectively. Vide Annexure P/11, dtd. 14/12/2006, the petitioner has been removed from service by the respondent No.5. The other orders are subsequently appeals/revisions which have been filed by the petitioner and which too got rejected, leading to filing of the present writ petition.

(2.) The brief facts relevant for adjudication of the present dispute is that, the petitioner was working as Constable (GD) with the 112 Battalion of Central Reserve Police Force (in short, CRPF) and was originally located at Bharani, Bilaspur. However, on account of requirement of Forces in Jammu & Kashmir, 112 Battalion was sent to Srinagar, Jammu & Kashmir. The petitioner also happens to part of that force. The incident is of the 18/10/2005 when the petitioner along with five other persons were posted as Guard on duty at the house of the one of the Minister of the State of Jammu & Kashmir namely Gulam Nabi Lone, who was then Education Minister in the State of Jammu & Kashmir. During the course of general public being allowed to meet the Minister at his residence and in the course of frisking of the visitors who had come to meet the Minister, a terrorist in plain cloths entered into crowd and suddenly opened fire upon one of the CRPF personnel who was frisking the visitors namely Subedar Sambhu Prasad. Immediately on hearing the sound of firing, the petitioner and the other Guards who were posted there opened fire in air to control the situation. In the said episode that took place on 18/10/2005, there were two casualties namely Subedar Shambhu Prasad died to the bullet injuries received by him and later on the Minister also who was attacked and injured succumbed to his injuries.

(3.) Subsequently, the petitioner has been served with a charge sheet on 19/7/2006 (Annexure P/3). Perusal of the record would show that the said charge sheet was a common charge sheet issued to six CRPF personnels posted at the residence of the said Minister. Later on, not satisfied with the response that the petitioner has made, departmental enquiry was constituted by appointing an Enquiry Officer and Presenting Officer.