REGENT COMPUTRONICS PVT. LTD.

VED PRAKASH SANGWAN Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

R. KUMARASWAMI AIYER VS. THE COMMISSIONER,MUNICIPAL COUNCIL,TIRUVANNAMALAIR [REFERRED]
EMBRU (P) VS. CHAIRMAN MADRAS PORT TRUST [Referred]
EMBRU (P) VS. CHAIRMAN MADRAS PORT TRUST [REFERRED]
A.K.MALHOTRA VS. UNION OF INDIA AND OTHERS" [REFERRED]
DIRECTOR OF POSTAL SERVICES VS. DAYA NAND [REFERRED]
STATE OF UTTAR PRADESH VS. SHYAM LAL SHARMA [REFERRED]
SHANKAR DASS VS. UNION OF INDIA [REFERRED]
RAJBIR VS. STATE OF HARYANA [Referred]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [REFERRED 398.]
SWARN SINGH VS. STATE BANK OF INDIA [REFERRED]
TRIKHA RAM VS. V K SETH AMD ANOTHER [Referred]
UNION OF INDIA VS. BAKSHI RAM [REFERRED]
UNION OF INDIA VS. CORPORAL A K BAKSHI [REFERRED .]
ADDITIONAL D I G OF POLICE HYDERABAD VS. P R K MOHAN [Referred]
HARICHAND VS. DIRECTOR OF SCHOOL EDUCATION [Referred]
IQBAL SINGH VS. INSPECTOR GENERAL OF POLICE DELHI [Referred]
HAZARA SINGH VS. UNION OF INDIA [REFERRED]
AKELLA SATYANARAYANA MURTHY VS. ZONAL MANAGER LIFE INSURANCE CORPORATION OF INDIA MADRAS [Referred]
R KUMARASWAMI AIYAR VS. COMMISSIONER MUNICIPAL COUNCIL [Referred]
PREMKUMAR VS. UNION OF INDIA UOI [Referred]
OM PRAKASH VS. DIRECTOR POSTAL SERVICES POSTS AND TELEGRAPHS [Referred]

JUDGEMENT

(1.) The petitioner, who was in the Indian Army holding the rank of Havildar, haschallenged the order of dismissal dated 16.5.1994andtheletter dated 18.10.1996by which the petitioner was denied pensionary benefits.

(2.) While the petitioner was in service in June, 1990, he was in his village on leave.There was some criminal case against him, and the petitioner was accused ofhaving assaulted some persons. The trial court by order dated 16.7-1991 found themain accused Harbir Singh guilty undersection 302 Indian Penal Code and the with Section 149IPC. There were other accused and all the accused were further held guilty underSection 323 IPC. All the accused were sentenced to imprisonment for life andfine of Rs.500.00 under Section 302 read with Section 149 Indian Penal Code and further sentencedto three months Rl under Section 323 read with Section 149 IPC. On the basis ofconviction by the trial court, the Brigadier Commander, 170 Infantry Brigade passedthe following order of dismissal on the 30th of July, 1991:-

(3.) There was an appeal to the High Court challenging the judgment of the trialcourt, and therein, the main accused was found guilty of homicide and sentenced tofive years Rl and fine of Rs.500.00. The High Court found the injuries inflicted by theother co-accused were of minor in nature and found them guilty under Section 323of Indian Penal Code and the sentence undergone by them was considered sufficient. The matterwas carried by way of a special leave petition to the Supreme Court of India by thepetitioner.

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VED PRAKASH SANGWAN Vs. UNION OF INDIA

Referred Judgements :-

JUDGEMENT

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