SOMNATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the order of his dismissal under No.P.VIII.1/14- EC-ii/97 Bn. dated 26.08.2014 (Annexure-P/14 to the writ petition), the report of the inquiry officer dated 21.12.1997 (Annexure-5 to the writ petition) and the order of the appellate authority [the Deputy Inspector General Range, Pune] dated 17.07.2015 (Annexure-P/15 to the writ petition).

(2.) On 08.07.1996 while the petitioner was working as a constable in the Central Reserve Police Force (CRPF, in short) being posted at 97 Bn. CRPF at Dharmanagar was entangled in a crime which was prosecuted on 08.07.1996. On that day, at about 2100 hours there was an incident of firing resulting in the death of one Hawilder of Tripura Police, namely Sukumar Ghosh. The petitioner and the Commander of their company namely, Rambir Singh were implicated in the commission of murder, attempt to murder and unauthorized possession of arms. After the investigation was completed, the final police report was filed and the petitioner was sent up for facing the trial. After commitment, the trial commenced in the court of the Additional Sessions Judge, North Tripura, Dharmanagar, as he then was. The Sessions Trial being case No.10 (ANTK) of 1998 got disposed of by the judgment dated 20.12.2000. All the accused persons including the petitioner were convicted under Section 302 read with Section 34 of the IPC and under Section 323 read with Section 34 of the IPC and they were accordingly sentenced.

(3.) The petitioner being aggrieved by the said judgment of conviction had preferred an appeal being Criminal Appeal No.03 of 2001 in the Gauhati High Court which had the territorial jurisdiction at that time over the entire state of Tripura. The said appeal was allowed by the judgment and order dated 02.04.2008 (Annexure-P/2 to the writ petition) setting aside the order of conviction and acquitting the petitioner from the charges. In the said judgment, it has been categorically observed by the Gauhati High Court as follows: