HC upholds CRPF man’s dismissal from service for failing to act against his colleague on fratricidal spree
Says spineless personnel does not deserve to be part of paramilitary force
Srinagar: Rejecting a petition by a CRPF man against his dismissal for failing to act against his colleague who went on a killing spree at the Chief Minister’s residence in 2006 in Jammu, the J&K High Court has held that a spineless security personnel does not deserve to be part of a “valiant force”.
Constable Om Parkash, son of Murlidhar, resident Etawa Bhopaji, Jaipur (Rajasthan) was on duty on April 03, 20006 at the Jammu official residence of then Chief Minister Ghulam Nabi Azad. He was on sentry duty in Morcha number 11 when during 1500 hours to 1700 hours, Constable Anand Kumar Singh, manning the Morcha number three, left his post with his personal rifle and rushed to the Company office and fired a few rounds at Inspector Mohan Shyam. He also fired at Head Constable H N Pandey which led to his death.
Thereafter, Kumar Singh reached Morcha No. 11, enquired from the petitioner Om Parkash about Head Constable Vipin Kumar. Here he shouted, ‘the company would be smashed away by him and that he would kill all of them’.
Singh then proceeded towards the Company Mess and shot dead Head Constable Yogender Jha and escaped from the Camp through Gate no. 11 where the petitioner was detailed on sentry duty with a gun.
The killer jawan afterwards surrendered before the Police Station, Peer Mirtha, Jammu.
A departmental inquiry was initiated and Om Parkash was dismissed from service for showing negligence on duty under Section 11(1) of CRPF Act 1949. He challenged the order dated October 23, 2006.
The petitioner pleaded that he has not committed any dereliction of duty while manning Morcha No 11 at the relevant time. The respondents’ claim that the petitioner has been found remiss in performance of his duty, inasmuch as he failed to stop assailant Constable Anand Kumar Singh by firing upon him.
In spite of being fully armed at the relevant time the petitioner has shown cowardice and slackness in his duty, even though he had ample opportunity to stop or shoot Constable Anand Kumar Singh, said the respondent authorities.
Justice Sanjay Dhar, after hearing the parties, held that if the security personnel posted at the residence of a high constitutional functionary like CM are allowed to go scot-free for their remissness, it would amount to compromising the security of the Chief Minister.
“A security personnel, who has no courage to face an armed colleague, who has gone astray, particularly in a place like CM’s residence, has no place in a brave force like CRPF. Such people do not deserve to be part of such a valiant force which has sacrificed hundreds of its jawans and officers while fighting against enemies of the nation. The punishment imposed upon the petitioner by the respondents can, by no stretch of imagination, be termed as ‘disproportionate’,” said the judge while upholding his dismissal from service.
He held that the official appellate authority, as well as the revisional authority have been lucid, precise and well-reasoned in their judgments. “There is no scope for this court to interfere in the impugned orders passed by the appellate and the revisional authorities.”
