NISAR AHMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri S. K. Pandey, learned counsel for the petitioner and Sri S. K. Rai, learned counsel for the respondent.

(2.) The brief facts giving rise to the present writ petition are that the petitioners were selected on the post of Constable, Central Reserve Police Force (hereinafter referred as CRPF) and were going for training at Group Centre CRPF, Rampur (U.P.) in the 2002. After completion of fourteen weeks of training they were required to under go rest part of their training at Recruits Training Centre-III (Hereinafter referred as RTC-III), Pallipuram in the State of Kerala, for which they were all dispatched on 15.10.2002. As per the records, it reveals that the petitioners while on Journey in Kerala Express (Train No. 2626) on 15.10.2002, some girls students and teachers of Beershova English Medium Higher Secondary School, Pipariya, Hoshangabad (State of Madhya Pradesh) were also traveling in same train, complained about Molestation and misbehaviour by CRPF recruits traveling in the same train. When the girls student got down and they immediately informed to the Railway Police and the said train was also stopped at Alwaya Station. The Railway Police, Alwaya, immediately registered the case crime No. 75 of 2002 under Sections 143, 147, 145 of Railways Act. And Under Section 323/354 and 149 I.P.C. and subsequently the petitioners were allowed to proceed to their destination i.e. Pallipuram for further training. It also reveals from the record that subsequently to identify the actual culprits amongst the recruits an identification parade was done and the victims i.e. teachers and students identified the recruits including the petitioners. The Principal, RTC-III, CRPF, Pallipuram, State of Kerala exercise his power under Rule 16 (a) of CRPF Rules 1965 and terminated the services of the petitioners. It also reveals from the record that the other recruits, those were travelling in the same train, were also terminated in same manner had filed writ petition No. 36713 of 2002 U, which was disposed of by the Kerala High Court vide judgment and order dated 15.01.2003, which reads as under :-

(3.) It further transpires from the record that claim of the other similar situated recruits were rejected by the Inspector General of Police (Operation & Training, CRPF, New Delhi) vide order dated 13.05.2003. The order dated 13.05.2003 was challenged in writ petition No. 45575 of 2003 (Amit Kumar and other Vs. Union of India), which was dismissed by the Hon'ble Single Judge vide judgment and order dated 06.10.2004, for want of alternative remedy, again they had filed a review application for review the order dated 06.10.2004 and the Hon'ble Single Judge vide an order dated 23.12.2004 had also dismissed the said review application.