S.K.MISHRA Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) THIS appeal is filed by the unsuccessful petitioner in W.P.No.7385 of 2002. The appellant was working as a Lance Naik in D/113 Battalion, CRPF. In August 1997, he was posted to perform duties in the Shayampet Police Station of Warangal District. His duty was to give protection to the personnel of the police station. He was on duty between 20:00 hours and 22:00 hours on 17.08.1997. A charge sheet was issued to him on 26.09.1997 alleging that he fired two rounds from the weapon issued to him and caused the death of a Member of Force by name Lance Naik L.S.Prakash and that he was under intoxication at the relevant point of time. The appellant submitted his explanation and not satisfied with that, the respondents conducted departmental enquiry. The enquiry officer submitted a report, holding that the charges framed against the appellant are proved.

(2.) A criminal case was also registered in S.C.No.322 of 1998 on the file of I Additional District and Sessions Judge, Warangal, against the appellant, for the offence under Section 302 I.P.C. and the relevant provisions of the Arms Act. The trial Court convicted him of the offence.

(3.) THE appellant filed W.P.No.7385 of 2002 challenging the order of dismissal from service and Criminal Appeal No.166 of 2000 against the conviction and sentence ordered against him in S.C.No.322 of 1998, before this Court. The Criminal Appeal was allowed by a Division Bench of this Court through its judgment, dated 19.12.2000. The writ petition came up for hearing in the year 2002. Learned Single Judge dismissed the writ petition taking the view that charge No.2 was proved and it became final and whatever be the situation vis -a -vis charge No.1, in the light of the judgment of this Court in the criminal appeal. Hence, this writ appeal. Heard Sri Satyam Reddy, learned senior counsel appearing for the appellant and Sri N.V.Ramanujam, learned counsel for the respondents.