LAWS(SC)-2008-3-134

P K CHOUDHURY Vs. COMMANDER 48 BRTF GREF

Decided On March 13, 2008
P K CHOUDHURY Appellant
V/S
COMMANDER 48 BRTF GREF Respondents

JUDGEMENT

(1.) Appellant herein is aggrieved by and dissatisfied with a judgment and order dated 21st March, 2006 passed by a learned Single Judge of the Gauhati High Court.

(2.) Indisputably, Appellant at all material times was a Commandant of 48 BRTF (GREF) as a member of the Armed Forces. While he was acting in the said capacity, allegations were made against him for commission of offences under Section 166 and 167 of the Indian Penal Code, 1860.

(3.) The period during which the said offences are said to have been committed is 5.1.1989 to 11.2.1992. A complaint petition was filed in November, 2000 purported to be on the basis of a report dated 20.12.1996 of the then Commander, 48 BRTF at Tezu on 20.12.1996.