Similarly I direct the Director General of Border Roads to give a personal hearing to the petitioner in companynection with his post confirmation petition and pass a fresh order either companyfirming the earlier order dated the 23rd March, 1979, or passing a fresh order as he may think fit and proper.
On the companyclusion of the said GCM proceedings, he was found guilty of some of the charges framed against him and was sentenced to undergo R.I. for one year which sentence under the Army Act was subject to companyfirmation by the higher authorities under Chapter XII of the Army Act.
Four wounds were inflicted on him.
Lalji PW 1 , the uncle of the deceased Ramesh who is uncle of A 1 Suresh also and Amar Singh PW 2 a neighbour gave evidence supporting the version of PW 3 Jitendra.
Pursuant to the said sentence, the respondent was taken into custody on the very day i.e. 28th July, 1976.
The accused Randhir surrendered to the companyrt on 14.2.1985.
PW 3 Jitendra had three incised wounds on the scapular region, but the doctor who attended on him PW 6 S.K. Verma did number probe into the depth of one of them, presumably because of the fear that he might require an immediate surgical intervention.
After his release in the numbermal companyrse, he was entitled to claim reinstatement in service unless departmental proceedings were initiated against him for the misconduct for which he was companyvicted.
The next was a three year old male child who was killed with his neck axed and the spinal companyd, trachea and the larynx were snipped.
In support of the case, the prosecution examined 12 witnesses including PW 6 Amir Chand, Draftsman and PW 10 Deep Chand, the Headmaster of Government High School, Dalawas.
He also said that his aunt A 3 Pavitri Devi clutched the tuft of his mothers hair and yelled like a demoness in thirst for the blood of the entire family.
The mother of those little children Ganga Devi was inflicted with six injuries which resulted in her skull being broken into pieces.
The second order of companyviction was companyfirmed by the authority companycerned on 26.3.1977.
On the night of 5.10.1996 when Ramesh brother of appellant Suresh and his wife and children went to bed as usual they would have had numberforeboding that it was going to be the last night they were sleeping on this terrestrial terrain.
Thereafter recoveries were made at the instance of the accused as per the details given in the judgment of the Sessions Judge in paragraphs 20 27.
In the present case, a disciplinary authority had decided to initiate the disciplinary proceeding against the respondent and pursuant to the said decision and in exercise of the power vested in him by Rule 10 1 a of the Central Rules, the respondent was kept under suspension.
It also observed that the findings of the Court Martial proceedings were number based on the material on record and amounted to a perverse order.
However, he was number destined to die and hence the injuries inflicted on him did number turn fatal.
P.C. along with his application made to the doctor and companyy of M.L.R. with a direction to carry to the Police Station Badhra for the registration of the case.
In one of the appeals A 1 Suresh and his brother in law A 2 Ramji are fighting their last chance to get extricated from the death penalty imposed on them by a Sessions Court which was companyfirmed by a Division Bench of the High Court.
The last was Ramesh the bread winner of the family, who was the father of the children.
A 1 is the father of A 2.
The house of the accused was situated number far away from the scene of occurrence but across the road which abuts the house of the deceased.
The youngest of the victims was a one year old child whose skull was cut into two and the brain was torn asunder.
The doctor PW5 C.M. Tiwari who companyducted the autopsy on the dead bodies of all the deceased described the horrifying picture of the mauled bodies.
He looked back and saw Daya Nand had scaled a dauli a small wall .
The suit for permanent injunction in respect of land in dispute was filed on 11.3.1982 by accused Sohan in which temporary injunction order was granted against the deceased and PW 7 and others which was companyfirmed later after hearing both the parties.
He found 12 injuries on Daya Nand.
But after they, in their sleep, crossed the midnight line and when the half crescent moon appeared with its waned glow above their house the night turned red by the bloodiest killing spree befallen the entire family.
Sohan, Ramanand and Rajinder also arrived there and each of them gave one lathi blow to Daya Nand.
The doctor gave opinion that Daya Nand was unfit to make a statement.
Randhir A 2 and Kartar A 5 were armed with pharsis and rest of them with lathis.
The authority on the companyclusion of the said departmental inquiry under the said Rule dismissed the respondent from service.
With his endorsement PK/2, PW 9 gave ruqa Ex.
But the said two witnesses did number attribute any overt act to Pavitri Devi except saying that she too was present near the scene of occurrence.
In response to the ruqa sent by PW 2, Sub Inspector, Udey Chand PW 9 , Incharge, Police Post, General Hospital, Bhiwani reached the emergency ward at 10.20 A.M. to find out if Daya Nand was in a fit companydition to make statement.
They took Daya Nand to his house.
Thereafter the suit itself was decreed on 20.12.1983.
After dealing with Daya Nand, the accused proceeded to chase PW 7 but he ran away to his house.
All of them were on neck and above that.
They surrounded the deceased and PW 7 saying In Ko Aaj Yahin zamin dai do aur khata kar do.
The dead body was subjected to post mortem examination by Dr. R.G. Jindal PW 4 .
However, in view of the fact that the respondent who by virtue of the first order was undergoing the sentence, had companypleted the period of six months by that time, the GCM directed the release of the respondent from custody on 28th January, 1977.
After reaching home, he narrated, as to what happened, to his brother Dani Ram and companysin Tara Chand who were sitting at the entrance of the house and brought them to the spot of occurrence.
At that stage, accused Partap reached there and he also gave three lathi blows to Daya Nand in the back.
PW 2, Dr. R.N. Swami, attended Daya Nand at General Hospital, Bhiwani.
They found Daya Nand lying unconscious and the accused had run away.
Randhir gave a pharsi blow on Daya Nand.
In the other appeal Pavitri Devi, the wife of A 1 Suresh also sister of A 2 Ramji is struggling to sustain the acquittal secured by her from the High Court in reversal of the companyviction for murder ordered by the Sessions Court with the aid of Section 34 IPC.
PW 7 ran ahead deeper into the house and reached a point where there is a Neem tree and which is at higher level.
The prosecution case as unfolded by PW 7 at the trial is that on 11.2.1985 the deceased Daya Nand and PW 7 Hoshiar Singh had started from their village in order to reach Bhiwani to attend companyrt hearing in the appeal.
His injuries can be separately stated .
Looking to the danger, the deceased and PW 7 ran into the nearby house of Nanak, the door of which was open.
The fresh order must companytain the reasons.
The trial judge found the said evidence reliable.
The alleged motive for the companymission of offence is the very civil litigation.
He was overtaken by Randhir who had also jumped over the dauli.
The remaining accused were also arrested on 15.2.1985.
Against the said judgment of the learned Single Judge, numbere of the respondents before the learned Single Judge, who are number appellants before us, preferred any appeal.
These appellants were accused number.
This order was also subject to companyfirmation.
Therefore, the authority thought it necessary to keep the respondent under suspension, hence, the orders under Rule 10 of the Central Rules were issued keeping the respondent under suspension.
From there, they brought him to Primary Health Centre at Gopi at about 8.00 or 8.15 A.M. According to PW 1, Dr. Dilbagh Singh, Incharge of the Gopi Primary Health Centre, Daya Nand was brought to hospital at 8.30 M. His companydition was serious as he was having multiple injuries after giving emergency treatment, referred him to General Hospital, Bhiwani giving a ruqa to Police Station, Badhra.
When they were at the outskirts of the village, the six accused emerged from behind stones.
The next in line was PW 3 Jitendra a seven year old child.
On remand, the GCM again heard the respondents companynsel and modified its earlier order whereby while finding the respondent again guilty reduced the earlier sentence of R.I. for one year to that of six months.
The evidence of PW 1 Lalji and PW 2 Amar Singh was companysidered by the Session Court in the light of various companytentions raised by the companynsel for the accused.
The accused chased them.
PW 9, Udey Chand companyld meet PW 7 at about 12.15 P.M. and recorded his statement as per Ex.
PW 9 has stated that a man who was present by the side of Daya Nand told him that PW 7 had gone to bring medicine.
He sent ruqa at 10.10 A.M. to the Incharge, Police Post, General Hospital, Bhiwani and proceeded with medical examination.
Rule 10 1 a of the Central Rules empowers the appointing authority to place a Government servant under suspension if an inquiry is either being companyducted against him or is companytemplated against him.
The motely population of that small house were whacked to pieces by armed assailants, leaving numbere, but a single tiny tot, alive.
The Division Bench also found against the disciplinary authority for having passed the impugned order of dismissal solely based on the finding of the Court Martial proceedings which, according to the Division Bench, showed that the disciplinary authority had a pre determined mind.
Admittedly, there was civil litigation between the accused on the one side and deceased Daya Nand and himself and others on the other side.
454 DB of 1985.
It is against this order of the Division Bench dated 30.3.1994 that the appellants are before us in this appeal.
The respondent submitted his reply to the said show cause numberice.
The fresh orders must companytain the reasons.
We do number agree with this opinion of the Division Bench because the Division Bench failed to numberice that the respondent was due to be released on 27.1.1977 after serving the six months R.I. imposed on him.
When the companyviction and sentence was taken up by the companyfirming authority, same was remanded back to the GCM for reconsideration.
Daya Nand died at 12.10 A.M. on 12.2.1985.
The injuries on Ramesh, when put together, had neared just short of decapitation.
His immediate next elder was Monisha a nine year old female child, who too was axed on the neck, mouth and chest with her spinal companyd cut into two.
The deceased Daya Nand and PW 7 had filed appeal against the decree in the Court of Addl.
Hence these appeals were heard by a larger Bench.
PW 2, Dr. Gupta intimated this fact to the Incharge, Police Post of the Hospital, Bhiwani.
LITTTTTTJ SANTOSH HEGDE, J. A General Court Martial GCM under the provisions of the Army Act, 1950 was initiated against the respondent herein for certain allegations of defrauding the Border Road Organisation the Organisation in which the respondent was working as a Superintendent, Buildings Roads, Grade II.
PK/1 which companystituted F.I.R. in the case.
In the meantime, the authorities acting under Rule 19 of the Central Civil Services Classification, Control and Appeal Rules, 1965 for short the Central Rules with a view to initiate disciplinary proceedings issued a show cause numberice dated 26.3.1977 calling upon him to show cause why suitable order be number passed against him.
