OMKAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common questions of law and fact arise for consideration in the two above captioned writ petitions, they were heard together and hence are being decided by a singular order. Albeit pursuant to two separate charge sheets issued to them and inquiry proceedings being separate, the indictment against the petitioners and six other persons who were like wise issued individual and separate charge sheets and separate inquiries were held, we find that pursuant to two different orders passed by the Disciplinary Authority on December 31, 1999, the petitioners were compulsorily retired from service since the Disciplinary Authority held that the charge of showing cowardice, carelessness and acting against the spirit of the force was established. Writ Petitioner Braham Prakash's appeal was rejected on December 31, 1999 and so was the revision on December 05, 2000. Writ Petitioner Omkar Singh's appeal was rejected likewise on December 31, 1999 and the Revision Petition was rejected on January 02, 2001.

(2.) It is not in dispute that at 23:30 hours on April 23, 1999, the petitioners as also six other force jawans and Ct.E.Yohannan were sleeping in the barrack allotted to them when Ct.E.Yohannan was fatally assaulted by Ct.Pawant Kumar Pancholi who used a sharp edged weapon and three injuries were inflicted on his person : (i) On the thigh, (ii) Besides the naval, and (iii) On the belly. The assailant ran away. The eight force personnel, which included the petitioners were charged for not defending Ct.E.Yohannan when he was fatally stabbed thereby showing gross cowardice and carelessness. The act of omission was alleged to be against the spirit of unity of the force.

(3.) It is the common case of the parties that Ct.Pawan Kumar Pancholi, living in the same barrack, later on confessed to have assaulted Ct.E.Yohannan.