CHANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY filing this writ petition under Article 226 of the Constitution, the petitioner has prayed for quashing/setting aside the impugned order of dismissal dated 31. 8. 2001 passed by the Commandant, 118 Bn. CRPF, Jirania, West Tripura in exercise of powers under Section 11 (1) of the CRPF Act, 1949 read with Rule 27 of the CRPF Rules, 1955 imposing penalty of dismissal of the petitioner from service and Office Order dated 18. 5. 2001 for recovery of a sum of Rs. 20,361. 00 being the cost of carbine butt No. 46 with one magazine and 14 live rounds as well as the appellate order dated 26. 11. 2001 passed by the Dy. Inspector General of Police, CRPF, Jamshedpur rejecting the appeal of the petitioner dated 19. 9. 2001 and upholding the dismissal order dated 31. 8. 2001.

(2.) THE case of the petitioner in brief is that he being Head Constable of the Central Reserve Police Force (CRPF) was on duty on 11. 02. 2001 along with six jawans to keep watch on the Assam-Agartala Highway between Mile points 56 and 57. But, according to the petitioner, in such security deployment in terrorist infested areas 11 force personnel are deployed in the following formation, namely, 3 Riflemen with rifles at 3 defined spots, 2 GF riflemen at 2 other specified spots, 2 two inch mortar gun rifle men at 2 other spots and similarly 2 LMG rifleman on 2 other selected spots and the Head Constable remains as In-charge patrols along with section. But on that day, the formation was deficient because only six persons were deployed instead of eleven and the petitioner as In-charge was patrolling alone and at that time his carbine (gun) was snatched away by three terrorists.

(3.) A Departmental Enquiry (for short D. E) was initiated and a Court of Inquiry (for short COI) was also ordered to enquire into the circumstances under which Carbine Butt No. 46 Body No. 15404399 with one magazine and 14 rounds of E/118 Bn. CRPF was snatched away by miscreants from No. 751170586 HC/gd Chanjit Singh of E/118 Bn. on 11. 2. 2001 while he was on active duty and the findings of the COI given on 19. 3. 2001 are as follows: