BRAJENDRA SINGH YAMBEM Vs. UNION OF INDIA AND ANR.
SUPREME COURT OF INDIA
Brajendra Singh Yambem
Union Of India And Anr.
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V.GOPALA GOWDA, J. -
(1.) Leave granted.
(2.) The present appeals arise out of the common impugned judgment and order dated 05.08.2013
passed by the Division Bench of the High Court of
Manipur at Imphal in Writ Appeal Nos. 39 and 40
of 2011, whereby the judgment and order dated
01.09.2010 passed by the learned single Judge of the High Court of Gauhati, Imphal Bench in W.P.
(C) Nos. 904 of 2008 and 264 of 2010 was set
(3.) The necessary facts required to appreciate the rival legal contentions advanced on behalf of
the parties are stated in brief hereunder:
The appellant was serving as a regular
Commandant of 61st Battalion, CRPF and at the time
of incidents, was posted at Mantripukhri, Imphal.
He is alleged to be involved in two cases. The
first case, i.e. Civil Appeal arising out of the
SLP (C) No. 30907 of 2013 relates to missing of
arms and ammunition. The second case, i.e. Civil
Appeal arising out of SLP (C) No. 10092 of 2014
relates to the alleged supply of contraband
ganja, by 11 CRPF personnel posted in the unit of
Between 03.06.1995 and 05.07.1995, one AK -47
rifle with 3 magazines and 90 rounds of 7.62
ammunition issued in the name of one Lance Naik
Man Bahadur, who was posted at the same battalion
of which the appellant was the commandant went
missing. According to the respondents, the loss
occurred as a result of the verbal orders issued
by the appellant, which action amounted to a
violation of Rules 3(1)(i) & (iii) of the Central
Civil Services (Conduct) Rules, 1964 (hereinafter
referred to as the "CCS (Conduct) Rules, 1964").;
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