DHAN RAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 28/7/2003 whereby he was dismissed from service.

(2.) The petitioner was recruited as Constable on 25/11/2000. He was charge-sheeted on account of attack on two undertrial prisoners who were in the custody of petitioner and two other Police Officials. One prisoner in the attack was killed and second was injured. The Inquiry Officer found him guilty. The Disciplinary Authority called upon him to show cause as to why he should not be dismissed from service. He filed reply to said show cause notice. The Disciplinary Authority vide order dtd. 28/7/2003 dismissed him from service. He preferred an appeal which came to be dismissed. He further unsuccessfully preferred revision.

(3.) Learned counsel representing the petitioner submits that petitioner was not responsible for attack on two under trial prisoners. There was no cowardness on his part. He was not allotted carbine, thus, there was no occasion for him to fire at assailants who attacked upon undertrial prisoners.