PROMOD MALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. UK. Das, learned legal aid counsel, appearing for the petitioner. Also heard Ms. A. Gayan, learned Central Government counsel, appearing for all the respondents.

(2.) This writ appeal has been filed by the writ petitioner against the order of the learned Single Judge dated 09.05.2019 passed in WP(C) No.219/2012 (Promod Malia Vs. Union of India & 3 Ors.), whereby the writ petition was dismissed.

(3.) Brief facts of the case are that the appellant/writ petitioner before this Court was a Constable in Central Reserve Police Force (CRPF), which he had joined in the year 1986. In November, 1995, while he was posted at Dibrugarh, an incident occurred at 7:45 PM on 07.11.1995. The petitioner and one of his colleagues, Ram Kishan Singh, were found missing from their duties and after some time they were seen sneaking inside the room in an inebriated state. When they were questioned and they were to be taken to the hospital for medical examination, they resisted. At the relevant time, both the Constables, including the present appellant/writ petitioner, were armed. Shri Ram Kishan Singh was somehow over powered but the appellant/writ petitioner continued to resist arrest and in fact fired as many as fourteen rounds in air from his automatic weapon. He was ultimately apprehended and disciplinary proceeding was initiated against them. In the disciplinary proceeding, three charges were levelled against them, which are as follows:-