EX-CT/GD OM PARKASH Vs. UOI

JUDGEMENT

(1.) The petitioner has challenged order No. P.8-2/2006/EC-2 dtd. 23/10/2006 issued by respondent No.5-Commandant 4th Bn. CRPF whereby the petitioner has been awarded penalty of dismissal from service in terms of Sec. 11(1) of CRPF Act, 1949 ('the Act' for short). Challenge has also been thrown to order dtd. 17/4/2004 issued by the Appellate Authority i.e respondent No.4- DIG CRPF whereby the appeal of the petitioner against the order of his dismissal from service has been dismissed. The petitioner has further challenged order dtd. 17/6/2008 issued by the Revisional Authority-respondent No.3 herein (Inspector General of CRPF) whereby the revision petition of the petitioner has also been dismissed.

(2.) Briefly stated, the facts emanating from the pleadings of the parties are that the petitioner was appointed as Constable in CRPF on 15/6/2004. On 3/4/2006, he was detailed on Sentry duty in Morcha No. 11 at Chief Minister's residence, Jammu from 1800 hours to 2000 hours . On the same day, during 1500 hours to 1700 hours, Constable Anand Kumar Singh was detailed on Sentry duty in Morcha No. 3 at Chief Minister's residence, Jammu. Head Constable Joginder Jha had made a complaint against Constable Anand Kumar Singh about his slackness in duty and reported the matter to Inspector Mohan Shyam. Accordingly, the Officer Commanding reprimanded Constable Anand Kumar Singh and advised him to remain alert while on duty, failing which, he would be sent to Bn. Headuqartr for further disciplinary action.

(3.) On 3/4/2006, at about 1945 hours, Constable Anand Kumar Singh left the Sentry Post with his personal rifle and rushed to the Company office and fired few rounds at Inspector Mohan Shyam. He also fired at Head Constable H.N. Pandey which led to his death. Thereafter, Constable Anand Kumar Singh reached Morcha No. 11 where petitioner was standing on sentry duty and he enquired from the petitioner about Head Constable Vipin Kumar. He also told him that the company would be smashed away by him and that he would kill all of them. Constable Anand Kumar Singh proceeded towards company mess and shot dead Head Constable Yogender Jha and escaped from Camp through gate No. 11 where the petitioner was detailed on sentry duty, where-after, he surrendered before Police Station, Peer Mirtha, Jammu.