SINCE REMOVED FROM SERVICE Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. R. Sarma, the learned counsel appearing for the petitioner. The respondents are represented by the learned Central Govt. Counsel (CGC), Mr. M.R. Adhikari.

(2.) The petitioner is a former Constable (GD) of the 54th Battalion of the CRPF. He challenges the order dated 5.3.2009 (Annexure-III), whereby, his removal from service was ordered, under Section 11(1) of the Central Reserve Police Force Act, 1949 (hereinafter referred to as 'the CRPF Act'), read with Rule 27 of the Central Reserve Police Force Rules, 1955 (hereinafter referred to as 'the CRPF Rules'), in pursuant to a Disciplinary Proceeding (DP).

(3.) While posted for sentry duty on 19.8.2006, the CRPF constable was deployed at Post No.5 and at around 20:20 Hrs., he fired 4 rounds of shots from his 5.56 MM Insus Riffle. This led to the charge memo dated 22.6.2008, whereby the delinquent in substance was informed that an inquiry under the CRPF Rules is proposed to be held against him. In the charge memo, it was alleged that he intentionally fired 4 rounds of shots from his Riffle, thereby causing injury not only to himself but also endangered others and thus committed an offence punishable under Section 11(1) of the CRPF Act. As such the respondent authorities, contemplated holding of an inquiry under the CRPF Rules.