APARESH KUMAR SINGH
Ramanuj Prasad Yadav – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Heard learned counsel for the parties.
2. Both the petitioners were proceeded against for major punishment under Dhanbad Rail Departmental Proceeding Nos. 71 of 2003 and 74 of 2003 for the charges of indiscipline, violation of rules, dereliction of duty and the act of cowardice. They were posted on 14.04.2003 at Chandrapura Rail Police Station as armed personnel. As per the Police Manual Rule 425-2(ka), they were responsible for protection of their arms and ammunition, failure of which on their part, entailed loss of government property. Under the instant Rule arms and ammunition were to be kept in chain with their uniform and not to be thrown uncared in barrack. Had they taken such care and conformed to the rules, loss of government property would not have occurred. On that day 150 armed extremists attacked the barrack from all sides but petitioners were not alert and up to the task to face the challenge, which entailed loss of image of Police and government property. These extremists took away government property like Rifle, Bullets, Stengun, magazine, cash and uniforms of the personnel of the police force and also caused damage. Petitioners did not act or retaliate, which
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