AMI LAL Vs. COMMANDANT

JUDGEMENT

(1.) The petitioner, who is a quondam employee of Central Reserve Police Force ('CRPF'), Manipur, assails the order of dismissal from service passed by the Commandant 52nd Battalion, Central Reserve Police Force, Manipur, as well as the order of Deputy Inspector General, CRPF, Bhubaneswar, appellate authority vide Annexures-5 & 6 respectively.

(2.) Bereft of unnecessary details, the short fact of the case is that the petitioner was appointed as a Constable in CRPF on 02.03.1983. He was transferred to Manipur in the year 1998 as Head Constable and posted at Imphal. On 01.11.1999 at about 23.25 hours, he failed to keep the AK-47 rifle in safe custody. There was a scuffle between the petitioner and his colleague-Deep Singh as a result of which, eight rounds were fired from his service rifle resulting death of Deep Singh. A departmental proceeding was initiated against him. Chargesheet was issued in respect of four allegations. An Enquiry Officer was appointed. After examining the witnesses, the Enquiry Officer submitted the report stating that charges have not been proved. But then, the Disciplinary Authority proposed to initiate the second departmental enquiry and issued chargesheet, vide Annexure-3. He submitted show-cause. The Enquiry Officer submitted the report stating that the charges have been proved. A copy of the enquiry report was supplied to him on 15.04.2001. He submitted his reply on 23.04.2001. The Commandant 52nd Battalion, CRPF, Manipur dismissed him from service on 30.04.2001, vide Annexure-5. Unsuccessful petitioner filed appeal before the Deputy Inspector General, C.R.P.F., Bhubaneswar, opposite party no.2, which was eventually dismissed, vide Annexure-6.

(3.) A counter affidavit has been filed justifying the stand of the opposite parties for initiating the second disciplinary proceeding and imposing punishment of dismissal.