UNION OF INDIA Vs. DALBIR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The order dated 11.4.2019 passed by the Division Bench of the High Court of Delhi at New Delhi is the subject matter of challenge in the present appeal whereby the order of dismissal passed by the Competent Authority on 24.5.2014, appellate order dated 9.10.2014, and revisional order dated 13.2.2015 were set aside. The respondent(Hereinafter referred to as the 'writ petitioner') was hence directed to be reinstated and also was found entitled to arrears of pay from the date of dismissal of service till the date he actually joins the duty.

(3.) The writ petitioner was a General Duty Constable in the Central Reserve Police Force (CRPF). An FIR No. 16/1993 was lodged against the writ petitioner for an offence under Section 302, 307 of the Indian Penal Code, 1860 (For short, the 'IPC') and Section 27 of the Arms Act, 1959 when the writ petitioner was accused to have fired from his service revolver on Head Constable Shri Harish Chander and Deputy Commandant Shri Hari Singh resulting in the death of Shri Harish Chander and injuries to Shri Hari Singh. The writ petitioner was convicted by the learned trial court on 11.3.1996 and sentenced to life imprisonment. However, in appeal, the High Court of Punjab and Haryana acquitted him of the charges framed against him by giving benefit of doubt for the reason that 20 cartridges were fired but only 7 empties were recovered whereas none of the bullets have been recovered. In view of the said finding, the High Court doubted the prosecution version as the Investigating Agency had failed to collect the evidence. Criminal Appeal No. 117 of 2006 filed by the State was dismissed by this Court relying upon the aforesaid finding of the High Court.