SANTOSH KUMAR BHARTI Vs. U.O.I.

JUDGEMENT

(1.) THE petitioner challenges his removal from service from the CRPF. The petitioner, at the time of his removal, was posted at the office of the Commandant, 0122 BN, CRPF, Srinagar at Coy "E" Camp, Sakharpora.

(2.) BRIEFLY , an incident took place on 18.08.1999 which resulted in the death of the petitioners co-officer, Shri. A. Kerketta, due to the alleged mishandling of a weapon. The respondents alleged that the petitioner had been given a weapon, i.e., a firearm, which went off, resulting in the firing of three shots which resulted in the death of Shri Kerketta. Immediately after the death, the petitioner was suspended and an FIR was lodged against him at Police Post Pakharpora, Police Station Charari Shareif. The police, after investigation, filed a charge sheet under Section 304A of the Indian Penal Code, 1860 IPC. Charges were framed and the petitioner denied his guilt.

(3.) AFTER the petitioners acquittal by the criminal court, departmental proceedings were instituted against him and a charge sheet for offences under Section 11(1) of the Central Reserve Police Force Act, 1949 was filed against him. On the basis of the enquiry conducted during the said proceedings, several witnesses whose depositions were recorded in the trial proceedings were also examined. The findings and report of the Enquiry Officer were considered by departmental authorities who found the petitioner guilty of negligence. This led to the imposition of penalty of his removal from service. The petitioners appeal and revision to superior officers, questioning the order of removal, were of no avail; he therefore challenges the said orders in these proceedings under Article 226 of the Constitution.