- (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.;