BRAJENDRA SINGH YAMBEM Vs. UNION OF INDIA AND ANR.
LAWS(SC)-2016-8-40
SUPREME COURT OF INDIA
Decided on August 26,2016

Brajendra Singh Yambem Appellant
VERSUS
Union Of India And Anr. Respondents

JUDGEMENT

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 aside.
(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 the appellant. 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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