1. By filing this petition under article 226 of the Constitution of India, petitioner seeks quashing of the impugned order of dismissal from service and further seeks a direction to the respondents to re-instate him in service.

2. Petitioner was a Sepoy/General Duty in the Central Reserve Police Force (CRPF). At the relevant point of time, petitioner was attached to 132 Battalion, CRPF which was stationed at Srinagar in the State of Jammu and Kashmir. Following a departmental proceeding, petitioner was dismissed from service vide order dated 01-02-2011 issued by the Commandant, 132 Battalion, CRPF as the disciplinary authority, which order was upheld in appeal by the appellate authority.

3. Relevant facts leading to the filing of the writ petition may be briefly stated at the outset.

4. According to the petitioner, the 132 Battalion to which he was attached, was posted at Srinagar in the State of Jammu and Kashmir. He had performed his duties from 8 AM to 11 AM on 16-03-2010 at the command post as mobile BPO. As desired by Havildar Onkar Ram, who was the Section Commander, petitioner alongwith Sepoy Basanta Kumar Medhi accompanied Onkar Ram to the company headquarters situated at Dashnami Akhara. Onkar Ram, who was the immediate superior of the petitioner, had some work at the company headquarters. After completion of the work, the three of them were returning back with petitioner at the front followed by Basanta Kumar Medhi in the middle and by Onkar Ram at the rear. After passing through the Maulana Ajad Road, the three of them entered Kukar Bazar lane where they were fired upon by unknown terrorists from close range taking advantage of the large crowd. As a result Onkar Ram and Basanta Kumar Medhi sustained bullet injuries and collapsed on the spot. Because of gun firing, there was commotion and people started running helter skelter. In such a situation, it became impossible for the petitioner to return fire. The terrorists mingled with the crowd and could not be identified. But they continued to fire towards the petitioner. Making an on the spot assessment that firing back would not be a wise decision as it would certainly lead to civilian casualties, petitioner decided to rush back to the command post to report about the incident and to arrange reinforcement. Ultimately reinforcement arrived at the spot and the injured were evacuated. Search operations were carried out to

5. A charge memo dated 22-09-2010 issued by the Commandant was served on the petitioner. Petitioner was informed that an enquiry would be held against him under Rule 27 of the CRPF Rules, 1955. He was further informed that enquiry would commence 48 hours after the allegations were read over to him. As per the imputation of allegations attached to the charge memo, it was alleged that petitioner had committed an act of disobedience/dereliction of duty/indiscipline when he left behind his injured colleagues with arms in an unconscious state at Kukar Bazar on 16-03-2010 and fled to the command post at Lal Chowk, thus behaving in a cowardly manner. Details of the allegations in support of the charge were furnished as Annexure-2 to the charge memo. It was stated that immediately after the incident reinforcement team under the leadership of Shri G. Orao, Assistant Commandant reached the spot and evacuated the injured. A list of documents and a list of witnesses were also enclosed to the charge memo.

6. Initially, the Enquiry Officer Shri Pratap Singh, Assistant Commandant examined the petitioner whereafter the disciplinary proceeding commenced. Evidence of the listed witnesses were recorded. At the conclusion of the enquiry the Enquiry Officer submitted his report to the disciplinary authority on 15-11-2010. As per the enquiry report, the charge against the petitioner stood fully proved.

7. Thereafter, the disciplinary authority passed the impugned order dated 01-02-2011 agreeing with the enquiry report holding the petitioner guilty of the charge and fou