Ashok Bhushan, J. - (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 inquiry report was submitted by Shri R. K. Pandey. Charge-sheet dated 15.5.1997 was issued by Commandant Sri Ram Tripathi against the petitioner. The charges levelled against the petitioner contained the following allegations : (a) While coming from Fatehpur under supervision of Mewa Lal, petitioner alighted from the train at railway station Orai, without permission of any competent authority along with one S.L.R. with ammunitions of 50 rounds. (b) On 6th April 1997 at 9.30 p.m., in mohalla Umar Khera under the influence of liquor abused the public at large and resorted to marpeet. (c) Did unauthorised firing from his S.L.R."
(3.) The petitioner in reply to the charges gave an application dated 23.5.1997 to the Commandant stating that charges are baseless. He stated that he will submit his detailed reply at the end of Departmental Inquiry.;