STATE OF BIHAR Vs. RAM PRAVESH PANDIT

JUDGEMENT

(1.) THESE two appeals have been filed against the common judgment and order dated 29.8.2005, passed in CWJC No. 6329 of 1995 (P), and CWJC No. 6330 of 1995 P, whereby the writ petitions filed by the respondents -petitioners were allowed by quashing their order of dismissal dated 2.1.1992 and also the orders dated 11.1.1993 and 17.3.1993, passed by the appellate and revisional authority.

(2.) COUNSEL for the appellants submitted that the scope of enquiry in a criminal case and a departmental proceedings are different and therefore on the ground that the writ petitioners were acquitted in the criminal case, the orders of their dismissal could not have been quashed by learned Single Judge. He further submitted that the writ petitioners were acquitted in the absence of evidences and therefore it was not a case of clean and honorable acquittal. He also submitted that there was no procedural irregularity in the departmental proceedings and therefore the orders of dismissal could not have been quashed. He lastly submitted that in any event, award of 50% of the salary for the intervening period was on high side.

(3.) ACCORDING to the writ petitioners, they were deputed as constables along with others, including Sub Inspectors of Police, at Khajuri Police Post under Konch Police Station, District -Gaya ( Bihar), in the month of January, 1989 to maintain law and order. The area was effected by the Maobadi Communist Center ( MCC -an extremist group). On 12.3.1989 at 5 P.M., one Sidheshwar Singh along with Madan Upadhayay and Sitaram Dubey came there for duty. On the same day at about 10.30 P.M. while some of them were sleeping, they heard the alarm of the guard, raised by Santri Mandan Upadhyay. Sidheshwar Singh along with other constables became alert. Ram Pukar Singh, Sub -Inspector ( Arms) and Sidheshwar Singh took position. They heard 5/6 rounds of firing. Due to the dark night, they could not identify the persons, who were making firing, but they could understand that they were 15 to 20 members of M.C.C. group, who had come for snatching the rifles after attack. The constables opened fire in their defence. The extremists fled away. One Yogendra Choubey, the police personnel was found dead by gun -shot injury on his chest. The rifle was found near his dead body. The dead body of one extremist -Suryadeo Ravidas was also found near the dead body of deceased -Yogendra Choubey. On 13.3.1989, Ram Pukar Singh, Sub Inspector ( Arms) lodged a fardbeyan, narrating the said incident, on the basis of which a case was registered being Konch P.S. Case No. 26 of 1989 dated 13.3.1989 for the offences under Sections 148, 149, 302 and 307 IPC and 27 of the Arms Act against 17 to 20 unknown extremists. Information was also given to higher authorities. But one Jamuni Devi, wife of the deceased -Suryadeo Ravidas made a separate fardbeyan before the Officer in charge, Konch Police Station on 13.3.1989 alleging therein that in the preceding night at about 10.30 to 11.00 P.M. she heard two rounds of firings near Khajuri Police Post. She also heard hulla towards the village, where Ram Lila was going on. Her husband Suryadeo Ravidas had left the house to know as to what was the matter. When he came out of his house, 2 to 3 constables caught him and told that he was a bad element and keeps gun and cargridges, though he denied such allegation, a constable took him away after giving slaps on her, which was witnessed by one Nagina Devi. In the night, she could not go to the school but in the morning, she narrated the aforesaid facts to Ram Naresh Ram, teachers, who told her that the police might have taken away her husband for enquiry and later on, he may be released but her husband did not return and later on she learnt that he has been shot dead. She could come to know the names of the assailants amongst the constables. On the basis of such F.I.R., a case was registered being Konch P.S. Case No. 28 of 1989 dated 13.3.1989 for the offence under Section 302 of the Indian Penal Code. She also filed a complaint being Complaint Case No. 259 of 1989 on 18.3.1989 in the Court of Chief Judicial Magistrate, Gaya with respect to the said occurrence for the offences under Sections 148, 149, 302 and 307 of the Indian Penal Code naming the accused Uma Shankar Dubey, Officer -in -charge, Konch Police Station, Hare Narayan Singh, A.S.I. and other 18 police personnels of B.M.P. -3 including the writ petitioners, who were deputed at Khajuri Camp. Some persons were shown as witnesses. However, it was dismissed as she did not pursue the same.