HIMA KOHLI,J. - (1.) The petitioner is aggrieved by the dismissal order dated 30th July, 1979, issued by the Commandant, Group Centre, CRPF, Jharoda Kalan, New Delhi; the order dated 29th August, 1979, passed by the DIG, CRPF rejecting the statutory appeal filed by him under Rule 28 of the Central Reserves Police Force Rules, 1955 and the order dated 5th November, 1979, passed by the IG, CRPF, dismissing his revision petition.
(2.) The foundational facts of the case are as follows:- (a) On 22nd June, 1979 at about 2130 hours, some of the members of the Force (about 1700 in number), held an illegal meeting in the CRPF Camp, Jharoda Kalan, New Delhi and took out an unauthorized procession. In the meeting, they decided to abstain from work and paralyse the normal functioning of the Group Centre by systematic disobedience of orders and non-performance of various lawful duties assigned to them. They also made unauthorized collection of funds from the Force personnel. (b) On 23rd June, 1979, acts of insubordination and misconduct took place in the morning parade. The revolting members of the Force also abstained from discharging their normal duties despite definite orders directing them to report. Subsequently, they came in a mob, went to the main entrance of the Group Centre raising abusive anti-government slogans. They locked the signal shift bus at the gate after members of the Force travelling in the said bus were forcibly pulled down and threatened them with dire consequences if they tried to move to their place of duty. The mob then rushed to the Signal Centre building, disrupted the system of communication and the staff working on the wireless sets were forced to join the mob and desert their lawful duties. The mob proceeded to the GC office and forced the ministerial staff as well as the superior officers to close the offices in the face of fatal intimidation. The mob then indulged in physical violence against loyal members of the Force and caused injuries to them. (c) On the next day i.e. 24th June, 1979, the aforesaid members of the Force continued to abstain from their duties, became grossly insubordinate and insolent towards the superior officers and compelled the Commandant of the 1st Signal to come out of his residence after office hours and address the mob. (d) During the period from 22nd June to 24th June, 1979, the mob kept the main gate of the Group Centre locked and did not allow any other member of the Force or superior officer to come in or go out in discharge of their duties. (e) On 25th June, 1979, pursuant to the decision of the higher authorities, the Army Units accompanied by the First Class Magistrate, reached the Group Centre in the early hours. The Magistrate announced that the said mob of members of the Force were an unlawful assembly and they should disperse immediately and hand over their weapons and ammunitions to the Army. However, the agitators refused to hand over their weapons or to disperse and instead, they adopted a violent posture of confrontation with the Army and fired upon them. In the said milieu, the Army resorted to use of force and forced the mob to surrender their arms and ammunitions. In the process, three members of the Force were killed and eight others were injured.
(3.) In view of the aforesaid incident, a complaint under Sections 9 and 10 of the CRPF Act was registered against the agitators in the court of the Commandant, Group Centre-cum-Magistrate, New Delhi.;