JAYANTA NAMA Vs. UNION OF INDIA

JUDGEMENT

(1.) By means of this writ petition the petitioner who was serving as a constable in the Central Reserve Police Force(CRPF) has challenged the order dated 20th October, 2010 passed by the Commandant, 30 Bn. CRPF imposing penalty of dismissal from service upon the petitioner as well as the appellate order dated 21st October, 2011 whereby the appeal filed by the petitioner was dismissed.

(2.) The undisputed facts are that on 22.10.2009 the platoon in which the petitioner was then serving was observing weekly weapon cleaning and maintenance day. The Platoon Commander and the Company 2 I/C specifically directed all the members of the platoon to clean the weapons kept in the Kote (Armory). It was further clarified that nobody would clean their own weapons(weapons personally issued to the members of the force) before keeping all the weapons in the Kote. It is not disputed that the weapons from the Armoury were taken out and cleaned by the platoon members. At this stage there is slight divergence between the two sides. According to the prosecution the members were not permitted to clean their weapons whereas according to the petitioner-delinquent official the orders were that after all the weapons from the Armoury had been cleaned the constables could clean their weapons personally issued. We accept the version of the delinquent officer to be correct for the limited purpose of deciding this petition. Even according to the delinquent officer after all the weapons which had been taken out from the Armoury, were being kept in the Armoury by the Jawans. He at the last minute decided to clean his own weapon. According to him he went back to the barracks and brought out the weapon issued to him which was an AK-47 rifle bearing Butt No.48, Body No.0877.

(3.) The allegation against the petitioner is that he was callous and negligent while cleaning his own AK-47 rifle inasmuch as he did not ensure that the loaded magazine attached to the rifle was removed from the same. He therefore was guilty of cleaning a loaded rifle. Furthermore after he cleaned the rifle he cocked the rifle and fired it and due to the burst of fire another constable, D.J. Sapkale received injuries and died as a result of the injuries received.