New Delhi, September 9
The Supreme Court has endorsed the dismissal of three Central Reserve Police Force (CRPF) personnel for showing “cowardice and running away” from an encounter with five militants, who had ambushed their vehicle in Assam in March 1999.

The Central Reserve Police Force had removed the personnel from service in January 2000 after a departmental inquiry under the CRPF Rules, 1955.

Instead of retaliating, the personnel had run away and “hid themselves in safe places”, the Central Reserve Police Force probe had found.

Taking advantage of the depletion in the strength of the CRPF party, the militants had killed five CRPF personnel and walked away with their arms and wireless sets.

The accused personnel had unsuccessfully challenged their dismissal in the Gauhati High Court, resulting in the appeal in the apex court.

Dismissing their appeals, a Bench comprising Justices Mukundakam Sharma and Anil R Dave said, “The role of the court in the matter of the departmental proceedings is very limited and the court cannot substitute its own views or findings by replacing the findings arrived by the authority on detailed appreciation of the evidence on record.”

Pointing out that the High Court had also come to the conclusion twice (single Judge and division Benches) that the punishment awarded to them was “not disproportionate to the offences,” the Bench said it had “hardly any scope” to come to a different conclusion.

Two of the accused CRPF personnel, posted in the 60 Battalion and stationed at Haflong, had joined the escort party without collecting their fire arms from their unit, flouting the official orders.

While fleeing, one of them had left his wireless set in the vehicle. The dismissed personnel are Head Constable Emmanuel Herenz, Lance Naik Jai Shankar Sharma and driver Sanjay Kumar Singh. The Bench delivered the verdict on September 6.