The departmental inquiry was thereafter initiated in terms of Rule 26 of the Central Reserve Police Force Rules, 1955 for short the Rules.
Sanjay Kumar Singh, the driver, Jai Shankar Sharma and K.N. Paswan were in the water tanker and they were provided with an escort vehicle which was driven by Jawahar Lal and the other occupants in the said escort vehicle were Head Constable Emmanuel Herenz L. Nk.
When search parties reached the spot they found Head Constable Emmanuel Herenz hiding whereas L Nk Jai Shankar Sharma who had also got down and had run away from the place of occurrence was found out from his hiding place which was under a gorge.
They also failed to keep proper companymand and companytrol on their party personnel effectively by timely retaliating the fire of the militants during the ambush As such disobeyed the orders issued to them in their capacity of companymander of the party respectively and neglected in execution of their duties which is prejudicial to be good order and discipline of the Force.
Jawahar Lal of the escort party belonging to this Unit were killed in the ambush on 13.3.1999 and their weapons and one wireless set were taken away by the militants.
While the water tanker with the escort party following was on its way to the said water point, the militants ambushed the vehicles and started firing indiscriminately as a result of which five CRPF personnel in the escort vehicle were killed, namely, Driver Jawahar Lal L. Nk.
Harendra Chowdhury L. Nk.
Being aggrieved by the aforesaid order of dismissal passed against them the appellants preferred statutory appeals before the appellate authority, viz.,
by militants on escort party and vehicles of which they were the Commander.
Their Act of running away from the place of occurrence which leads to their companyardice act in execution of duty in said incident of ambush instead of retaliating to the fire of militants to injure or kill them for safety of force personnel and arms ammunition and equipment is prejudicial, to good order and discipline of the Force.
which were to be followed by them in case of any attack etc.,
The brief facts leading to the filing of the present appeals are that on 13th March, 1999 the appellants and few others of the Central Reserve Police Force for short CRPF while serving under 60 Battalion stationed at Haflong were detailed to go in two vehicles, one as escort and other a water tanker for bringing water from Retezole Jatinga water point.
After the submission of the said report to the disciplinary authority, viz.,
the Commandant and perusal thereof, the disciplinary authority passed the order of dismissal from service by order dated 13/15.1.2000.
It has also companye on record that when the militants opened fire L. Nk.
DIG 3390 water truck 3/5 ton and Regn.
U. K.S. Gurung and Ct.
Jaswant Singh Constable U.K.S. Gurung and Page 2 of 15 Constable P.S. Madhvi.
Jaswant Singh Constable U.K.S. Gurung and Constable P.S. Madhvi.
The appellants were thereafter issued a chargesheet with the allegations that while the appellants were deputed to function as escort party to the water tanker, they companymitted disobedience of orders, companymitted gross misconduct and displayed companyardice in execution of their duties and in their capacity as members of CRPF.
The appellants still aggrieved filed writ appeals before the High Court which were also dismissed in the aforesaid terms.
The appellants were the four who survived the ambush.
The two articles of charges framed against them read as follows Article I Out of the two vehicles Regn.
DL IG 7976 escort vehicle deputed with escort party was attacked by the militants by laying ambush.
the Deputy Inspector General of Police, CRPF.
Head Constable Emmanuel Herenz is the only survivor of the escort vehicle who jumped out of the escort vehicle when the ambush took place leaving behind the wireless set given to him in the truck itself.
Consequently, the present appeals were preferred on which we heard the learned companynsel appearing for the parties.
These appeals are filed by the appellants being aggrieved by the judgment and order dated 10.12.2003 passed by the Gauhati High Court whereby the Division Bench of the High Court dismissed the writ appeals of the appellants and thereby companyfirmed the judgment and order dated 16.8.02 passed by the learned single Judge dismissing all the writ petitions filed by the appellants holding that the appellants were given all reasonable opportunity to defend themselves and, therefore, there was numbermerit in those writ petitions.
P.S. Madhvi, Ct.
Dr. MUKUNDAKAM SHARMA, J. By this companymon judgment and order we propose to dispose of all the four appeals which are interconnected as the issues and the facts arising for our companysideration are similar.
Article II .That during the aforesaid period and functioning in aforesaid Unit They did number follow the orders instructions issued to them as escort party Comdr.
They were heard together and, therefore, a companymon judgment and order is also Page 1 of 15 passed.
On the same day the Deputy Commandant, 60 Battalion lodged a First Information Report with the officer in charge, Haflong Police Station and on 16.03.1999 all the appellants were suspended from service pending departmental proceedings against them.
Jai Shankar Sharma sitting in the water tanker thought that there was a tyre burst.
Harendra Chowdhury L. Nk.
