S.RAVINDRA BHAT, SUDERSHAN KUMAR MISRA
Santosh Kumar Bharti – Appellant
Versus
U. O. I. – Respondent
Sudershan Kumar Misra, J.
1. The petitioner challenges his removal from service from the CRPF. The petitioner, at the time of his removal, was posted at the office of the Commandant, 0122 BN, CRPF, Srinagar at Coy “E” Camp, Sakharpora.
2. Briefly, an incident took place on 18.08.1999 which resulted in the death of the petitioner’s co-officer, Shri. A. Kerketta, due to the alleged mishandling of a weapon. The respondents alleged that the petitioner had been given a weapon, i.e., a firearm, which went off, resulting in the firing of three shots which resulted in the death of Shri Kerketta. Immediately after the death, the petitioner was suspended and an FIR was lodged against him at Police Post Pakharpora, Police Station Charari Shareif. The police, after investigation, filed a charge sheet under Section 304A of the Indian Penal Code, 1860 IPC. Charges were framed and the petitioner denied his guilt.
3. After trial, the petitioner was acquitted on the ground that there existed “reasonable doubt” about his involvement and role in the rash or negligent handling of the firearm. Concededly, no appeal against the acquittal was preferred. As noticed previously, the petitioner was su
Ajit Kumar Nag v. General Manager (PJ), Indian Oil Corporation Ltd., Haldia and Ors.
Capt. M. Paul Anthony V. Bharat Gold Mines Limited AIR 1999 SC 1416 [Para 11]
M. Paul Anthony v. Gold Mines Ltd
Nelson Motis V. Union of India and another
Pandian Roadways Corporation V. N. Balakrishnan (2007) 9 SCC 755 [Para 10]
State of Karnataka and another V. T. Venkataramanappa
UP State Transport Corporation v. Subash Chandra Sharma (2000) 3 SCC 324 [Para 18]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.