CHANDRIKA SINGH YADAV Vs. I G

JUDGEMENT

(1.) HEARD Sri Rajesh Nath Tripathi and Sri Anjani Kumar Rai, for the petitioner and Sri S.C. Mishra, Standing Counsel, for Union of India, for the respondents.

(2.) THE writ petition has been filed for quashing the orders of Commandant dated 03.07.1991, dismissing the petitioner from service, in the disciplinary proceeding and Additional Deputy Inspector General, Central Reserve Police Force, dated 08.01.1992, dismissing the appeal of the petitioner and for mandamus, directing the respondents to reinstate the petitioner in service and pay back wages.

(3.) THE petitioner was enrolled as constable in Central Reserve Police Force (hereinafter referred to as the CRPF). In the year 1991, Punjab province was badly affected with terrorist activities. One platoon of F/7 Battalion CRPF made a camp in the campus of Senior Secondary School, Lopoke. Primary Health Center, Lopoke was adjacent to Senior Secondary School, where staff quarters were also constructed. On 02.05.1991, at 23.00 hours, two constables of CRPF, entered nurses quarters and caught hold nurse Ms. Satyender Pal Kaur. She resisted and began to shout, on which other nurse Mrs. Sudhesh Kohli reached there and in between the constables and nurses scuffle took place. In the meantime, Major Singh, driver of the hospital and Jogendra Singh, watchman also reached the spot. Due to shouting, S.I. Rameshwar Murmu, who was returning at that time from patrolling duty, send some police under the command of H.C. Ram Prakash for help. At that time, an Army Officer came to CRPF camp and asked S.I. Rameshwar Murmu, to check presence of the constables of CRPF, in the camp. On checking, constable Virender Kumar Singh was found missing. When, CRPF police reached the place to help the nurses, the intruders constables run away from the place of occurrence. While running away their belonging i.e. one lungi, one khakhi shirt, one pairs of slippers, one whistle and one single slipper was left their. Single slipper matched with the single slipper of the petitioner, which was lying with him. Nurses, lodged FIR of the incident on 02.05.1991.