PARAMJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these intra Court appeals filed by the appellants-petitioners under Rule 5 of Chapter VIII of Allahabad High Court Rules (Rules of the Court, 1952), are against the judgments and orders dtd. 22/12/2023 passed by the learned Single Judge in exercise of its writ jurisdiction. The Writ Court separately, vide impugned judgments and orders dtd. 22/12/2023, dismissed the writ petitions filed by Paramjit Singh and Jitendra Singh bearing Writ-A No. 8019 of 2012 and Writ- A No. 18146 of 2012, respectively, inter alia, challenging the order dtd. 25/9/2004 as also the appellate order dtd. 13/1/2005 and the orders passed by the revisional authority on 31/10/2005 and 28/11/2011. Though the Writ Petitions have been decided separately, but the reasons for dismissal of the petitions as returned by the learned Single Judge are the same and as such both the Special Appeals are hereby decided by this common order.

(2.) Facts that are culled out from the pleadings and the material available on record before this Court are that the appellants-petitioners were appointed as Constable and subsequently got promoted to the post of Head Constable in the Central Industrial Security Force (hereinafter referred to as CISF) and were assigned duties of security at NARORA Atomic Power Plant (Anupshahar), Bulandshahar. The case of the appellants-petitioners is that while posted at NARORA Atomic Power Plant, on 3/9/2004 at around 2:30 PM, 5 ladies were spotted inside the said atomic power plant. Since the security of the aforesaid power plant was extremely sensitive, the appellant namely Paramjit Singh immediately raised alarm and in response to the same the petitioner of the Writ- A No.18146 of 2012 namely Jitendra Singh, who was also a Head Constable/Driver immediately reached the spot, but could detain only 3 ladies and brought them at the security gate and before any paperwork could be done, a large number of villager, local politicians and media persons assembled and created a scene and mounted pressure to secure release of the aforesaid detained women.

(3.) On 12/9/2004, an F.I.R. was lodged against the appellants-petitioners under Sec. 376 I.P.C. read with Sec. 3(i)(xii) and 3(ii)(v) of the SC/ST Act, 1989, and the case was registered as Case Crime No. 182 of 2004. The incident was highlighted in the local newspapers.