SURENDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Inter alia, issuance of a writ in the nature of certiorari to quash order dated 02.12.2009 (Annexure P-2), whereby the petitioner was dismissed from service, has been sought herein. The said dismissal order was in turn upheld by an appellate order dated 07.01.2015 (Annexure P-5) and revisional order dated 08.06.2016 (Annexure P-7), respectively, which are also impugned herein.

(2.) Petitioner had served as Head Constable with CRPF for a period of 26 years with unblemished service record. Throughout his service, not a single penalty, major or minor, was ever awarded to him. While he was posted at Kishtwar (Jammu and Kashmir), his colleague Head Constable/GD Bani Singh died on 09.05.2009 due to firing at 74th Battalion CRPF. It was alleged that said Bani Singh died due to gun shot injuries from the service revolver of the petitioner. An FIR No.64 was registered under Section 302IPC which led to arrest of the petitioner resulting in his suspension from service.

(3.) Apart from the criminal proceedings, departmental proceedings were also initiated and the petitioner was charge-sheeted on the charge of having used criminal force on his associate and misuse of his service revolver and ammunition. The petitioner was also charged with misconduct of having acted against orders and causing in discipline in the Force. The departmental proceedings led to passing of punishment order dated 02.12.2009, assailed herein, whereby he was dismissed from service.