The court emphasized the importance of adhering to procedural fairness in conducting inquiries and highlighted that the proportionality of punishment should be considered in light of the seriousness of the misconduct.

JUDGMENT :

1. The petitioner has challenged order No. P.8-2/2006/EC-2 dated 23.10.2006 issued by respondent No.5-Commandant 4th Bn. CRPF whereby the petitioner has been awarded penalty of dismissal from service in terms of Section 11(1) of CRPF Act, 1949 (‘the Act’ for short). Challenge has also been thrown to order dated 17.04.2004 issued by the Appellate Authority i.e. respondent No.4- DIG CRPF whereby the appeal of the petitioner against the order of his dismissal from service has been dismissed. The petitioner has further challenged order dated 17.06.2008 issued by the Revisional Authority-respondent No.3 herein (Inspector General of CRPF) whereby the revision petition of the petitioner has also been dismissed.

2. Briefly stated, the facts emanating from the pleadings of the parties are that the petitioner was appointed as Constable in CRPF on 15.06.2004. On 03.04.2006, he was detailed on Sentry duty in Morcha No. 11 at Chief Minister’s residence, Jammu from 1800 hours to 2000 hours. On the same day, during 1500 hours to 1700 hours, Constable Anand Kumar Singh was detailed on Sentry duty in Morcha No. 3 at Chief Minister’s residence, Jammu. Head Constable Joginder Jha had made a complaint against Constable Anand Kumar Singh about his slackness in duty and reported the matter to Inspector Mohan Shyam. Accordingly, the Officer Commanding reprimanded Constable Anand Kumar Singh and advised him to remain alert while on duty, failing which, he would be sent to Bn. Headuqartr for further disciplinary action.

3. On 03.04.2006, at about 1945 hours, Constable Anand Kumar Singh left the Sentry Post with his personal rifle and rushed to the Company office and fired few rounds at Inspector Mohan Shyam. He also fired at Head Constable H.N. Pandey which led to his death. Thereafter, Constable Anand Kumar Singh reached Morcha No. 11 where petitioner was standing on sentry duty and he enquired from the petitioner about Head Constable Vipin Kumar. He also told him that the company would be smashed away by him and that he would kill all of them. Constable Anand Kumar Singh proceeded towards company mess and shot dead Head Constable Yogender Jha and escaped from Camp through gate No. 11 where the petitioner was detailed on sentry duty, where-after, he surrendered before Police Station, Peer Mirtha, Jammu.

4. While the case of the petitioner is that he has not committed any dereliction of duty while manning Morcha No. 11 at the relevant time, the respondents claim that the petitioner has been found remiss in performance of his duty, inasmuch as he failed to stop assailant Constable Anand Kumar Singh by firing upon him, in spite of being fully armed at the relevant time. It is the case of the respondents that the petitioner has shown cowardice and slackness in his duty, even though he had ample opportunity to stop or shoot Constable Anand Kumar Singh.

5. It seems that after the aforesaid episode, the respondents initiated departmental inquiry against the petitioner after serving charge-sheet upon him. The English version of article of charge framed against the petitioner is reproduced as under:

“That No.041599023 Sep/GD Om Parkash D/4 Bn. while on duty at the post of Sep/GD being the member of the force violated the suitable owners and showed negligence on duty under Section 11(1) of CRPF Act 1949 wherein No. 041599023 Sep/GD Om Parkash D/4 Bn wsa on sentry duty from 1800 hours to 2000 hours on 03.04.2006 at Morcha No. 11 of the Coy. at the residence of Chief Minister in Jammu. On 03.04.2006 at about 1945 hours No. 981410095 Sep/GD Anand Kumar Singh opened the fire at Company Commander No. 891320177 Inspector/GD Mohan Shyam and No. 830762272 Hav/GD H.N.Pandey who was standing near the gate of Barrack No. 3 of other Ranks Line. Thereafter Sep/GD Anand Kumar Singh went to Sentry Sep/GD Om Parkash D/4 Bn on duty at Morcha No.11 and asked as to where is Hav/GD Bipin Kumar. In addition, Sep Anand Kumar Singh also said that D Company will be no more