SHARAFAT ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner w as appointed as a constable in the Central Reserve Police Force. Eight police personnel including the petitioner w ere posted at Ningom Thongji Bridge Imphat. The case of the, petitioner is that Shri Ajit Singh, (Officer senior to the petitioner) went inside the nearby tea shop w ithout informing any one and w as killed by the extremists. One Pistol shot w as heard by the petitioner and he immediately fired eight rounds from his weapon towards the backside of the canteen from w here the other persons sitting inside the canteen were trying to run.

(2.) A departmental enquiry was instituted against the, petitioner,and other, officers Article 'II' relates to the petitioner. Article 'II' reads as under: ARTICLE - II

(3.) The Memorandum of Article of Charges w ere served to the petitioners and other delinquents but none of the delinquents have submitted any reply to the Memorandum of Charge. The petitioner pleaded not guilty to the charges levelled against him. The finding of the enquiry report regarding Rule '11' is as under: