JUDGMENT

Pattanaik, J.—Leave granted.

2. The appellant is a public servant and on 26.4.1993, the Sub Divisional Magistrate asked for an explanation from him as to why the encroachment in question is not being removed notwithstanding the direction of the High Court. The said Sub-Divisional Magistrate by order dated 25th of June, 1993, appointed the appellant as a Duty Magistrate and one Shri Vinod Pal Singh as Senior In-charge Magis­trate of the Police Force, who were required to remove the encroachment in question. The said appellant visited the encroachment site and requested the encroachers for removal of encroachment and on 16.7.1993 was able to remove the encroachment partially and reported the said fact to his senior officer, but on 17.7.1993, when the appellant along with armed force, reached the encroachment site, several miscreants armed with weapons, started hurling stone and as the situation became out of control, after giving due warning, the appellant was compelled to give order for opening fire and dispersed the mob. On account of such firing, one of the persons died and two others were injured and the appellant then sent a report to his senior officer about the incide