RAKESH SHARMA,J - (1.) SINCE similar and common controversy is involved in these two writ petitions, both the writ petitions are being decided by this one and common judgment.
(2.) HEARD Sarvasri G.K. Singh and V.K. Singh, learned counsel for the petitioners as well as learned Standing Counsel and perused the record. Under challenge in these two petitions is an order of dismissal passed on 31st July, 2004 dismissing the petitioners from service and the other subsequent orders passed on 30th May, 2005 dismissing the appeal of the petitioner and the order dated 28.12.2005 by which the petitioner's revision was dismissed.
(3.) IT emerges from the record that the petitioners, who were working as Constables in 35 Battalion in Provincial Armed Constabulary (hereinafter referred to as the PAC), were posted on security duty of Ram Janam Bhumi, Ayodhya, Faizabad with other PAC personnel. On 9th April, 2003, they were on the duty of the Watch Towers to keep a watch on the disputed premises. One Sri Rajesh Kumar Tiwari and other PAC personnel were also posted on the duty at Watch Tower No.12. Accidentally, he fell from the Watch Tower and died on the spot. When the news of accident and sudden death of a colleague Constable Rajesh Kumar Tiwari spread, the other Constables assembled at the spot. The PAC Constables, who were present on the spot, were shocked by the accident and on the death of their colleague. They became emotionally surcharged and wanted to talk to their Circle Officer before sending the dead body to mortuary. According to the PAC Constables present on duty, the superior Officers did not take proper care of the Watch Tower and the area surrounding it and adequate safety arrangements were not made on the Watch Tower. There was lack of safety measures as a result of which the PAC Constable had fallen from the Watch Tower and died.;