Ashim Kumar Banerjee, J. - (1.) . - Writ petitioner was a constable in the C.R.P.F. On the relevant date just before attending the evening roll call he was bitten by a snake. Ignoring such biting, the writ petitioner attended the said roll call and thereafter informed his superior officer about such incident. The superior officer asked him to submit an explanation which resulted in an unpleasant situation. It is the case of the respondent that the superior officer was beaten by a stick. The factum of snake biting is not disputed. It is not evident from the record that the petitioner was sent to the nearby civil hospital on 10.9.1996 and was given first aid. The writ petitioner had been charged under section 10(g) of the C.R.P.F. Act, 1949. The relevant section is quoted below:- "Less heinous offences : ...................................... (g) strikes or otherwise ill-uses any member of the force subordinate to him in rank or position or" ................... shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to three months or with both". From the tenor of the said section it clearly appears to me that the said section gives power to charge a superior officer for his misbehaviour with his subordinate and not the other way round.
(2.) Hence in the backdrop of the facts stated hereinbefore I hold that Section 10(g) has no application in the instant case.
(3.) It further appears that the writ petitioner suffered 15 days imprisonment followed by an order of dismissal. No evidence has been annexed to the affidavit in opposition to justify the charge of the respondent. On the contrary it appears from the evidence adduced by the defence witness that although there had been some quarrel between the writ petitioner and the concerned officer, the defence witness had not seen the writ petitioner beating his superior officer.;