JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J

1. The first respondent was enlisted as a constable in the CRPF on 20 September 1971. He was posted in the 41st Batallion in September 1989. In February 1998, he was functioning as Head Constable and was deployed at Ractiacherra, Police Station Jirania, West Tripura. A carbine was issued to him. It is alleged that, on 18 February 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, eight rounds were fired. One of the bullets hit a co-constable who was present in the barracks. He died as a result of the injuries which were sustained. A First Information Report was lodged. The Commandant initiated a disciplinary proceeding against the first respondent. The charge was in the following terms:

“That, No.710170325 HC Sita Ram Mishra, while serving as a Head Constable (GD) in “B” Coy, duct and remissness in his capacity as a member of the Force under Section 11(1) of CRPF Act, 1949, punishable under Rule 27(a) of CRPF Rules, 1955, in that he on 18.02.1998 at about 0945 hours, started cleaning barrel of his l