JITENDRA KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the heirs of deceased employee, Jitendra Kumar Singh, who died on 18.11.2006.

(2.) Late Sri Jintendra Kumar Singh was a constable in C.R.P.F. Posted at Nalkata District Dhalai (Tripura). He has been dismissed from service by the Commandant vide order dated 21.3.1997 against which an appeal was filed which has been decided by the Deputy Inspector General of Police C.R.P.F., Allahabad vide order dated 3.11.1997. The appeal has been dismissed. Challenging the appellate order of the dismissal the present writ petition was filed. No interim order has been granted.

(3.) Late Sri Jitendra Kumar Singh died on 18.11.2006. While he was posted at Tripura he has been given chargesheet on three charges-(i) While functioning as a Constable he committed an act of misconduct in his capacity as a member of the force under Section 11 (1) of the C.R.P.F. Act 1949 namely on 29.9.1996 while on active duty for civil convoy protection between Chakmaghat and Manu, when the convoy stopped at 1930 hours at Jayanagar for taking water-tea etc., he left his personal weapon unattended in vehicle and went to shop. When questioned after returning he misbehaved with his section Commander No. 710461294 HC Daulat Ram at 1945 hrs; (ii) While he detained for quarter guard duty (from 14.10.1996 at 0500 hrs to 15.10.96 at 0500 hours) at coy Headquarter Nalkata he did not turn up for his duty in time i.e. at 1900 hrs (duty period from 1900 to 2100 hrs) and found to be roaming under the influence of liquor; (iii) On 14.10.1996 at 1930 hrs while detained for quarter guard santry duty instead of taking over charge from santry no. 913225238 CT Saligram Patil misbehaved with him under the influence of liquor, disobeyed the orders of OC Coy and threatened the OC. Sh. Pheru Ram AC to shoot.