RAMESH KUMAR Vs. UOI

JUDGEMENT

(1.) NOTWITHSTANDING all and sundry grounds urged in the writ petition and conceding the same to be without any basis, learned counsel for the petitioner, when confronted with the testimony of HC Sri Ram PW-4, Ct.L.Mirandi PW-3, Ct.R.Kumar PW-5 and that of SI J.S.P.Mishra PW-2, concedes that there is sufficient evidence through the testimony of the said 4 witnesses to establish that the petitioner as also Naik Driver Sawant Singh had assaulted SI J.S.P.Mishra at around 21:00 hours on 9.12.1996.

(2.) WE note that the petitioner and Sawant Singh were tried at a joint departmental enquiry. Article 1 of the charge was of both being under the influence of liquor. Article 2 of the charge was criminally assaulting ASI J.S.P.Mishra. Sawant Singh was charged for a 3rd misdemeanour i.e. of refusing to get himself medically examined.

(3.) IN view of the testimony of PW-2, PW-3, PW-4 and PW-5, learned counsel for the petitioner concedes that it would be difficult for the petitioner to make good the point urged that the indictment of the petitioner is without any evidence.