K G GOPI Vs. UOI

JUDGEMENT

(1.) The petitioners, serving in the Central Reserve Police Force while returning in their vehicles after the collection of the dak, on 19th January, 1991 were ambushed by a militant attack who threw bombs on the petitioners and also fired heavily by using AK-47 rifles. In reaction to the attack, the petitioners also resorted to firing and frustrated the militant's attack. The petitioners were charged for committing an act of gross misconduct and a departmental enquiry commenced against them but in the departmental enquiry report dated 14th December, 1991 all the petitioners were exonerated. However, a different conclusion was reached by the disciplinary authority who considered the said enquiry report and held the petitioners guilty of indiscriminate and excessive firing and sentenced the petitioner Nos.1 and 2 to punishment of 15 days confinement to quarter guard and stoppage of increment for one year to petitioner No.4 and completely exonerated petitioner No.3. The said punishment was undergone by the petitioner No.1, 2 and 4. However, on 29th July, 1992, the Inspector General of Police, Southern Sector Hyderabad, D.R.Kartikeyan (hereinafter referred to as the IGP) suo motu passed an order whereby the petitioners were held guilty of indiscriminate and excessive firing and their punishment was enhanced to dismissal from service. This writ petition challenges the said order of the IGP, D.R.Karthikeyan.

(2.) The petitioners' case is as under:- (a) The petitioners were at the relevant time serving in Central Reserve Police Force. These petitioners were posted in 42nd Battalion of Central Reserve Police at Sri Nagar (JandK) in January 1991 at Seraiwalla area where the situation had not been peaceful at all for the last several years. (b) On 19th January, 1991, the petitioners were detailed on an escort duty for collection of dak in two vehicles. When the petitioners were returning in their vehicles after the collection of the dak they were ambushed by a sudden and large scale attack by the militants. The militants threw bombs on the escort party travelling in a truck and a bus and it was followed by heavy firing from sophisticated modern and automatic weapons including AK 47 rifles from their hidden positions. The petitioners reacted sharply in order to save the lives of the members of the escort party and the Government property, and thus resorted to firing in retaliation without loss of time. Since the militants resorted to heavy firing including firing of bombs , therefore, taking into account of the situation at that time the petitioners fired from their running vehicles. In this way they frustrated the unlawful object of the militants. (c) The respondent No. 2 to 4/CRPF felt that the petitioners had resorted to indiscriminate and excessive firing from the weapons and they did not exercise restraint while dealing with the terrorists attack and therefore, the petitioners were served with the office memo dated 20th September, 1991 apprising the petitioners that the departmental enquiry was proposed to be held against the petitioners on the charges that the members of the escort party including the petitioners committed an act of gross misconduct which was prejudicial to the good order and discipline of the force under Section 11(1) of the Central Reserve Police Force Act 1949. The charge dated 20/9/1991 reads as under:-

(3.) The departmental enquiry commenced. Shri D.C. Dey 2nd in - Command of 42 Battalion in the CRPF was appointed as the enquiry Officer who held the enquiry into the charges levelled against the petitioners. The enquiry Officer having examined numerous witnesses, finally submitted his enquiry report to the Disciplinary Authority on 14th December, 1991 holding that the charges framed against the petitioners were not proved and thus the enquiry Officer exonerated all the petitioners. The relevant portions of the Enquiry Report exonerating the petitioners are as follows:-