UNION OF INDIA Vs. BICHITRA SARMAH

JUDGEMENT

(1.) Heard Mr. S.C. Keyal, learned Assistant Solicitor General of India for the appellants. Also heard Mr. R. Sarma, learned counsel for the respondent.

(2.) The appellants are before this Court assailing the order dated 11.1.2018 passed by the learned Single Judge in case number W.P.(C) 5541 of 2009.

(3.) The respondent herein was before the learned Single Judge assailing the order dated 5.3.2009, whereby he was removed from service under Section 11(1) of the Central Reserve Police Force Act, 1949 read with Rule 27 of the Central Reserve Police Force Rules, 1955. The charge based on which the respondent was proceeded and ultimately removed from service is that while he was posted for Sentry Duty on 19.8.2006 at Post No.5, at around 20.20 Hrs., he had fired four rounds of shots from his 5.56 MM Insus Riffle, based on which the instant charge memo dated 22.6.2008 was issued to the respondent. Pursuant thereto, on denial of the charges, an enquiry was held and a report was submitted by the Enquiry Officer. The Disciplinary Authority having taken note of the charge as also report submitted by the Enquiry Officer, has through the order dated 5.3.2009 imposed the punishment of removal from service on the respondent.