( 1 ) HEARD Smt. Poonam Srivastava counsel for the petitioner and standing counsel for the respondent. Counter rejoinder-affidavits have been exchanged and with the consent of the parties writ petition is being finally decided.

( 2 ) THE facts of the case as emerge from the pleading of the parties are :

"the petitioner was appointed on 7. 8. 1989 as constable in P. A. C. In 1997, petitioner was posted at Jhansi. On 6. 4. 1997, the P. A. C. battalion was returning from Fatehgarh to Jhansi. Petitioner along with several other constables were travelling by train under the supervision of head constable Mewa Lal. Petitioner without informing Mewa Lal got down from the train at Orai railway station. On 6th April, 1997, petitioner opened fire on the residents of the mohalla Umrar khera. The police from Kotwali Orai came and apprehended the petitioner along with other constable Santosh Kumar and took them in custody. A Case Crime No. 342 of 1997 was registered under Section 307. I. P. C. against the petitioner at police station Kotwali, Orai. Petitioner was placed under suspension on 7. 4. 1997. Shri R. K. Pandey was entrusted to hold a preliminary inquiry. A preliminary i