SANJAY KUMAR Vs. UOI

JUDGEMENT

(1.) CHARGE-sheet dated 8.10.1997 was served upon the petitioner Ct.Sanjay Kumar on 9.10.1997 alleging the following misdemeanour:

(2.) TO save on paper, we note at the outset the statement made by the petitioner before the Inquiry Officer in his defence as the same would help us in focusing on the issue. He said that on 2.12.1996 at about 17:00 hours he was coming from his quarter towards the unit lines when he heard commotion from the Quarter Master store. He reached the store, followed by other personnel, amongst which HC.C.M.Sharma and Ct.C.P.Yadav were present. With the help of personnel gathered there, Ct.Anil Kumar was saved from Ct.Hori Lal and Ct.Dilip Kumar.

(3.) SI Nahar Singh PW-1 deposed that on 2.12.1996 he was performing the duty of Coy Commander in the absence of the Regular Coy Commander and that at about 17:10 hours, Ct.Anil Kumar came to the office of Coy Commander and told him that when he was on duty at Quarter Master Store, Ct.Hori Lal, Ct.Dilip Kumar and petitioner came there and physically assaulted him. They also destroyed the documents and other property of the store and damaged a cycle. He saw injury marks on Ct.Anil Kumars face and body, and thus told him to go to the hospital for medical treatment. Thereafter, he went to the unit lines. There, SI Ram Lal, Quarter Master, was present with other personnel and he i.e. SI Nahar Singh enquired from them about the incident. He instructed SI Deep Singh Rathore to get Ct.Hori Lal and Ct.Dilip Kumar medically examined as he came to know that both were drunk. Then he went to the Quarter Master store and saw that register and files were scattered and a cycle was lying in a damaged condition. SI Ram Lal told him that he was not present at the spot when the incident commenced and he reached at the spot after hearing the commotion. SI Deep Singh told him i.e. PW-1, that Ct.Hori Lal and Dilip Kumar were missing from the unit lines. The said two constables were searched and were found at the bus stop with some luggage. Thereafter he i.e. SI Nahar Singh made entry into the Daily Diary about the said incident and about the aforementioned two constables being missing from the unit lines. On being examined by the Inquiry Officer he stated that SI Dhanraj told him that he witnessed the entire incident.