R VELAPANDI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 6.5.1998 passed by a learned single Judge of this Court in Civil Misc. Writ Petition No. 33015 of 1993.

(2.) THE brief facts giving rise to the present appeal relevant for the adjudication of this case are as follows : THE petitioner-appellant was appointed as a Constable in Central Reserve Police Force (hereinafter referred to as C.R.P.F.) in the year 1985. On 14.6.1988 when he was posted at Rampur (U.P.), it is alleged that the petitioner-appellant went to take a bath at Third Signal Barrack at Rampur and when he entered the bathroom complex, he found that all the three bath-rooms were occupied. THEreafter two other constables also reached the bathroom complex for taking a bath. When one bathroom was vacated, the petitioner-appellant as well as constable Munshi Ram both wanted to use the said bathroom first. Arguments between the two started and altercations also took place between the petitioner-appellant and constable Munshi Ram. THE petitioner-appellant then went back to his vehicle and returned to the bathroom complex with his loaded rifle. As soon as Munshi Ram came out of the bathroom, the petitioner-appellant opened fire on him. On hearing the firing of shots, when the other two occupants of the remaining bathrooms came out, the petitioner-appellant fired at them also. As a result of the injuries from firing, the said Munshi Ram expired and another constable Vazir Singh got injured. THE petitioner-appellant fired five rounds from his S.L.R. rifle after which the magazine got stuck, resulting in the stoppage of firing. Realising that his rifle was not firing further, the petitioner-appellant returned to his vehicle with his rifle.

(3.) THE learned single Judge found that in the enquiry report the petitioner-appellant was found guilty of charges of Article 1. THE same having been affirmed by the disciplinary authority as well as appellate and revisional authorities, the writ court did not find any merit to interfere with the orders of the departmental authorities. THE writ court also held that the authorities were well within their jurisdiction to impose the punishment of dismissal from service under Section 11 of the Central Reserve Police Force Act, 1949 (hereinafter referred to as the Act) and the rules framed under the Act.