RIFLEMAN (GENERAL DUTY) ANILKUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the constitution of the General Assam Rifles Court (hereinafter referred to as the "GARC" ) convened vide order dtd. 5/10/2021 as null and void being in violation of Sec. 90 and 106 of the Assam Rifles Act, 2006 (hereinafter referred to as the "Act" ) and praying for declaration of annulment of proceedings of the GARC under Sec. 140 of the Act. The petitioner further challenges findings and proceedings of the Court of Inquiry convened vide order dtd. 3/6/2021 as also the record of Summary of Evidence vide order dtd. 15/7/2021.

(2.) Vide the Impugned Order dtd. 5/10/2021, GARC has been convened by the Additional Directorate General, Assam Rifles in respect of the petitioner, constituting of five officers. The petitioner contends that as three of the five officers belonged to the Indian Army, the constitution of the GARC is in violation of Sec. 90 of the Act.

(3.) The learned counsel for the petitioner submits that objection/challenge under Sec. 106 of the Act to the GARC was raised by the petitioner, however, the petitioner has been orally informed of the rejection of the same.