UNION OF INDIA Vs. DWARKA PRASAD TIWARI
LAWS(SC)-2006-10-28
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on October 12,2006

UNION OF INDIA Appellant
VERSUS
DWARKA PRASAD TIWARI Respondents


Referred Judgements :-

COUNCIL FOR CIVIL SERVICES UNION V. MINISTER OF CIVIL SERVICE [REFERRED TO]
ATTORNEY GENERAL V. GUARDIAN NEWSPAPERS LTD. (NO.2). [REFERRED TO]
DERBYSHIRE COUNTY COUNCIL V. TIMES NEWSPAPERS LTD. [REFERRED TO]
R. V. SECY.OF STATE FOR THE HOME DEPTT. EXP BRIND [REFERRED TO]
INDIAN EXPRESS NEWSPAPERS BOMBAY PRIVATE LIMITED BENNETT COLEMAN AND COMPANY LIMITED STATESMAN LIMITED KASTURI AND SONS LIMITED ANANDA BAZAR PATRIKA LIMITED VS. UNION OF INDIA [REFERRED TO]
SUPREME COURT EMPLOYEES WELFARE AS SOCIATION SUPREME COURT FOURTH CLASS EM PLOYEES WELFARE ASSOCIATION S P JAIN VS. UNION OF INDIA [REFERRED TO]
G B MAHAJAN VS. JALGAON MUNICIPAL COUNCIL [REFERRED TO]
U P FINANCIAL CORPORATION VS. GEM CAP INDIA PRIVATE LIMITED [REFERRED TO]
TATA CELLULAR VS. UNION OF INDIA [REFERRED TO]
B C CHATURVEDI UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. G GANAYUTHAM [REFERRED TO]
OM KUMAR VS. UNION OF INDIA [REFERRED TO]
DAMOH PANNA SUGAR RURAL REGIONAL BANK VS. MUNNA LAL JAIN [REFERRED TO]
UNION OF INDIA VS. K G SONI [REFERRED TO]



Cited Judgements :-

ANUJ KUMAR SINGH YADAV VS. STATE OF BIHAR [LAWS(PAT)-2023-11-42] [REFERRED TO]
A SUBRAMANIAN VS. COMMISSIONER OF POLICE [LAWS(MAD)-2009-3-30] [REFERRED TO]
K VISHWANATHAN VS. DEPUTY GENERAL MANAGER DISCIPLINARY AUTHORITY INDIAN BANK [LAWS(MAD)-2010-1-304] [REFERRED TO]
MADAN GOPAL VS. STATE OF U P [LAWS(ALL)-2010-1-49] [REFERRED TO]
MADHUKAR M KAMBLE VS. MUNICIPAL CORPORATION OF GREATER MUMBAI [LAWS(BOM)-2010-4-123] [REFERRED TO]
JAMERUDDIN VS. STATE OF MANIPUR [LAWS(GAU)-2010-3-54] [REFERRED TO]
V S SENTHIL KUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2008-10-166] [REFERRED TO]
SIVARAMACHANDRA M VS. COMMISSIONER CORPORATION OF COINBATORE [LAWS(MAD)-2008-10-275] [REFERRED TO]
S VADIVELU VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2008-9-52] [REFERRED TO]
RAJU KOLLA VS. UNION OF INDIA AND ORS. [LAWS(DLH)-2021-1-189] [REFERRED TO]
NIPUN RAJBONGSHI VS. THE UNION OF INDIA AND ORS. [LAWS(GAU)-2015-8-13] [REFERRED TO]
UNION OF INDIA VS. M L KHARE [LAWS(MPH)-2011-9-11] [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. MANOHAR KUMAR KESWANI [LAWS(CAL)-2007-11-1] [REFERRED TO]
V D KALYANI VS. STATE OF GUJARAT & 1 [LAWS(GJH)-2014-6-159] [REFERRED TO]
N KUMAR VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2008-9-44] [REFERRED TO]
A GEORGE BENJAMIN VS. DISTRICT FOREST OFFICER KANYAKUMARI DIVISION [LAWS(MAD)-2008-6-367] [REFERRED TO]
UNION OF INDIA VS. DILER SINGH [LAWS(SC)-2016-6-33] [REFERRED TO]
LAXMI LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2007-9-17] [REFERRED TO]
ANIL KUMAR UPADHYAY VS. DIRECTOR GENERAL, SSB [LAWS(SC)-2022-4-58] [REFERRED TO]
KALI BINDRA PRASAD SINGH VS. UNION OF INDIA AND OTHERS [LAWS(JHAR)-2017-7-241] [REFERRED TO]
HEERA SINGH VS. UNION OF INDIA [LAWS(DLH)-2011-9-155] [REFERRED TO]
AMALENDU DEV VS. NEEPCO LTD [LAWS(GAU)-2011-6-26] [REFERRED TO]
MAHINDER SINGH VS. UNION OF INDIA & ORS. [LAWS(DLH)-2017-11-382] [REFERRED TO]
UNION OF INDIA AND ORS. VS. JALALUDEEN KHAN [LAWS(ALL)-2014-12-276] [REFERRED TO]
DEVESH KUMAR MISRA VS. CHIEF SECURITY COMMISSIONER R P F [LAWS(ALL)-2015-5-417] [REFERRED TO]
ROMI KUMAR VS. UNION OF INDIA [LAWS(MANIP)-2022-9-10] [REFERRED TO]
G.G.C. SON VS. UNION OF INDIA [LAWS(MANIP)-2020-8-18] [REFERRED TO]
SUNIL KUMAR YADAV VS. UNION OF INDIA [LAWS(DLH)-2020-12-2] [REFERRED TO]
SHYAMAPADA BOURI VS. EASTERN COALFIELDS LTD [LAWS(CAL)-2007-10-57] [REFERRED TO]
ABDUL KARIM VS. STATE OF MIZORAM [LAWS(GAU)-2008-3-14] [REFERRED TO]
D T C VS. STATE OF DELHI [LAWS(DLH)-2007-8-19] [REFERRED TO]
S.V. SURYANARAYANA VS. APSRTC AND ORS. [LAWS(APH)-2015-11-35] [REFERRED TO]
K PERIYASAMY VS. DIRECTOR GENERAL OF POLICE KAMARAJAR SALAI [LAWS(MAD)-2007-10-180] [REFERRED TO]
CEMWNT CORPORATION OF INDIA LTD VS. M L AGGARWAL [LAWS(DLH)-2008-4-92] [REFERRED TO]
SURENDRA PRASAD CHOUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2008-3-28] [REFERRED TO]
UNION OF INDIA VS. LT. COL. KULDEEP YADAV [LAWS(SC)-2019-9-94] [REFERRED TO]
THE UNION OF INDIA & ORS VS. YASODHAR KAMAT [LAWS(PAT)-2016-8-6] [REFERRED TO]
A R RAMESH VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2010-9-95] [REFERRED TO]
ANEESH AHMAD VS. UNION OF INDIA [LAWS(DLH)-2021-2-140] [REFERRED TO]
HANUMAN SINGH VS. MANAGING DIRECTOR, STEEL AUTHORITY OF INDIA LIMITED [LAWS(CHH)-2022-4-103] [REFERRED TO]
PUNJAB NATIONAL BANK VS. R.P. PUSHKAR [LAWS(DLH)-2011-5-479] [REFERRED TO]
S M HONAPPA VS. BANGLORE UNIVERSITY [LAWS(KAR)-2007-4-27] [REFERRED TO]
STATE OF RAJASTHAN & ORS VS. PRABHU DAYAL [LAWS(RAJ)-2013-2-346] [REFERRED]
INDIAN OIL CORPORATION LTD VS. SHRI RAJENDRA D. HARMALKAR [LAWS(SC)-2022-4-61] [REFERRED TO]
THE UNION OF INDIA AND ORS. VS. VIJAY KUMAR [LAWS(MEGH)-2015-8-1] [REFERRED TO]
PIPA YAIMA DANGSHAWA MARING VS. STATE OF MANIPUR [LAWS(MANIP)-2021-4-3] [REFERRED TO]
RAMESH CHAND MEWADE VS. HIGH COURT OF MADHYA PRADESH [LAWS(MPH)-2019-5-144] [REFERRED TO]
S SELVAKUMAR VS. COMMISSIONER OF POLICE [LAWS(MAD)-2009-3-195] [REFERRED TO]
SHRI ACHOM THAMBALNGOU SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2017-6-1] [REFERRED TO]
KAMLESH PRASAD VS. HIGH COURT OF MP [LAWS(MPH)-2012-9-179] [REFERRED TO]
MUNICIPAL COMMISSIONER VS. KEDAR NATH BANSAL [LAWS(CAL)-2008-9-34] [REFERRED TO]
INDERPAL SINGH VS. UNION OF INDIA (UOI) AND ORS. [LAWS(CAL)-2008-4-119] [REFERRED TO]
RADHE SHYAM SAXENA VS. STATE OF U P [LAWS(ALL)-2012-6-21] [REFERRED TO]
A GEORGE BENJAMIN VS. DISTRICT FOREST OFFICER, KANYAKUMARI DIVISION [LAWS(MAD)-2008-6-615] [REFERRED]
N S KRISHNAN VS. SECRETARY TO GOVERNMENT PUBLIC WORKS DEPARTMENT FORT ST GEORGE Ï¿½ 600 009 [LAWS(MAD)-2008-12-84] [REFERRED TO]
V K KUPPURAJ VS. SUPERINTENDENT OF POLICE DISTRICT POLICE OFFICE COIMBATORE [LAWS(MAD)-2008-2-390] [REFERRED TO]
RAM GOPAL VS. UNION OF INDIA [LAWS(DLH)-2010-1-207] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted in both the Special Leave Petitions.
(2.)These two appeals are directed against a common judgment of the Madhya Pradesh High Court at Jabalpur allowing the writ petition filed by the respondent Dwarka Prasad who is the appellant in the appeal relating to SLP(C) No. 15725 of 2006. The writ petition was partially allowed by a learned Single Judge of the High Court holding that the punishment of dismissal from service imposed on respondent-Dwarka Prasad was too harsh and was required to be substituted by an appropriate lesser punishment. Accordingly the order of dismissal was set aside and reinstatement with continuity of service without any back wages was directed and it was further directed that from the date of judgment the respondent-Dwarka Prasad shall be entitled for full salary.
(3.)The background facts in a nutshell are as follows:
Respondent-Dwarka Prasad was posted as a constable with Central Reserve Police Force (in short the 'CRPF') in F/74 Battalion, CRPF at Platoon Post, Jayanti Pura which was accommodated in a building on Batala Amritsar Road a sensitive and terrorist infested area. He was on sentry duty from 1000 hrs. to 1200 hrs. on 31.8.1989 on the roof of the building. He had been issued a 7.62 mm SLR and 40 rounds of ammunition. At about 1115 hrs, he fired one bullet without orders and without any sufficient reason. A Court of Inquiry was conducted and it was established that he alone was responsible for the firing in which he had sustained bullet injury in his abdomen. Accordingly a departmental inquiry in terms of Rule 27 of the Central Reserve Police Force Rules, 1955 (in short the 'Rules') was ordered alleging misconduct and negligence/remissness in discharge of his duty in his capacity as a member of the Force. The inquiry was conducted and the respondent-Dwarka Prasad was given opportunity to defend himself. The inquiry officer found the respondent guilty of charges framed against him. After consideration of the representation made by respondent-Dwarka Prasad, the Commandant dismissed him from the services with effect from 20.01.1990 under Rule 27(a)(i) of the Rules.

Against the order of dismissal respondent preferred an appeal to the Deputy Inspector General of Police (in short the 'DIGP'), CRPF. During pendency of the appeal, a writ petition was filed under Articles 226 and 227 of the Constitution of India, 1950 (in short the 'Constitution') which was numbered as M.P. No. 2978 of 1990. The High Court by its order dated 26.11.1990 dismissed the petition but direction was given for disposal of the appeal pending before the DIGP, CRPF who dismissed the appeal. A revision petition before Additional Director General (in short the 'ADG'), CRPF did not bring any relief.



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