Decided on November 20,2013

UNION OF INDIA Respondents


(2.) THIS writ appeal is directed against the order dated 22.07.2009, passed by the learned Single Judge in WP(C)No. 310(SH) 2006, whereby said Court has upheld the order of punishment awarded against the petitioner by the respondent authorities in Summary Court Martial proceedings. Heard learned counsel for the parties and perused the record.
(3.) BRIEF facts of the case are that the writ petitioner/appellant was recruited on 09.11.1978 in the Assam Rifles. According to the writ petitioner/appellant, his work and conduct on the post of Sepoy was good and as such on 06.09.1986, he was promoted to the post of Havildar. He was due for promotion to the post of Nb Subedar and had undergone training. But on 21.6.1992, according to the writ petitioner/appellant, while he was performing his duty as Administrative Base In -charge, Assistant Commandant Assam Rifles, 141 Surjit Kumar, asked him to bring 750 ml bottle of liquor (rum) for his consumption. The writ petitioner/appellant has further alleged that the liquor was shared by Assistant Commandant Surjit Kumar and Naik Subedar, OP Verma, who got intoxicated and thereafter he was asked for one more bottle. The writ petitioner/appellant was then made to serve lunch to them, whereafter, the two started hurling abuses at the writ petitioner/appellant and the Assistant Commandant pulled out a 9 mm pistol. On this, writ petitioner/appellant whistled twice alerting the troops and the pistol was snatched from the Assistant Comman -dant. It is alleged by the writ petitioner/appellant that the Assistant Commandant Surjit Kumar and Naik Subedar, OP Verma under intoxicated condition quarreled and fell down due to which they suffered injuries. Mean -while, Major KSS Rathore reached the Base and arrested the writ petitioner/appellant. Summary Court Martial proceedings were drawn against the writ petitioner/appellant and statements of Assistant Commandant and Naik Subedar, OP Verma along with seven other witnesses were recorded as prosecution witnesses. It is further alleged by the writ petitioner/appellant that the quarrel was picked up by the Assistant Commandant Surjit Kumar and Naik Subedar, OP Verma but the charge -sheet was served on him (the petitioner) relating to charge of - (i) Assaulting the Assistant Commandant, (ii) Intoxication and (iii) Ill treating one Naik SN Singh of the same unit. It is denied by the writ petitioner/appellant that he showed any aggression to the superior officers or committed any mis -conduct. The writ petitioner/appellant has stated in the petition that the witnesses have deposed against the petitioner under the influence of the senior officers, and the writ petitioner/appellant was falsely implicated. At the end of the Summary Court Martial proceedings, as against the writ petitioner/appellant not only punishment of reduction of rank and of dismissal was imposed but he was also punished with imprisonment in civil prison for eleven months (which he had undergone).;

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