SURESH KUMAR Vs. UOI

JUDGEMENT

(1.) SI Ram Kumar was detailed as the Platoon Post Commander of the F Coy of 50th Bn CRPF in April 1994. In the month of September 1994 the unit was deployed at Moradabad, UP, when indisputably, on 20.9.1994 at around 21:00 hours he was physically assaulted by 3 constables, within the precincts of the camp. Hearing the commotion and cries of help members of the Unit gathered at the place of incident and saw SI Ram Kumar bleeding in a ragged condition. The Officiating Commandant (OC) Insp. Pahalwan Singh ordered for a fall-in of the company and at the end of the check roll call, SI Ram Kumar was asked to identify the assailants. It is alleged that the SI Ram Kumar identified the petitioner, Ct.Suresh Kumar, Ct.Umesh Kumar and Ct.Karan Singh as the ones who had physically assaulted him. Thereafter, a signal was sent to the Commandant at the headquarters informing him about the incident.

(2.) ON receipt of the complaint from the Officiating Commandant of the F Coy, the second in-command of the unit reached Moradabad base camp the very next day i.e. on 21.9.1994 and made an inquiry at the spot into the incident. Finding a prima facie case made out against the petitioner, Ct.Umesh Kumar and Ct.Karan Singh, he ordered a Preliminary Inquiry to be conducted and detailed Ajay Gupta A/C of 50th Bn., to conduct the same.

(3.) S.R.Raghav 2-IC of the 50th Bn was detailed as the inquiry officer. The charged officers were served with a notice to appear before the inquiry officer and on the preliminary date fixed for hearing, all appeared. The charges were read out and explained to the accused constables and on all pleading "Not Guilty" he proceeded to record the testimony of the prosecution witnesses.