ARJUN SINGH Vs. UOI

JUDGEMENT

(1.) 181 days delay in seeking restoration of the writ petition vide C.M.No.938/2012 is condoned.

(2.) C.M.No.939/2012 is allowed.

(3.) AT the trial, Insp.(T) Karam Chand appeared as witness No.1 and deposed that a day prior i.e. on 22nd August, 1997, he learnt that a vehicle was going towards the border and he directed Naib Bahadur Singh to issue a proper movement order. He learnt that day that petitioner had refused to perform duties as required to be performed by ASI B.C.Katoch. Through Naib Bahadur Singh, he summoned the petitioner and told the petitioner that he should perform duties at 19:00 hrs. The petitioner refused to perform duty at night saying that he could not sleep during the day. Accordingly, Naik B.L.Patil was detailed to perform night shift duty. He thereafter prepared a monthly progress report in which he had to mention the performance of such company personnel who had more than three negative entries. He accordingly prepared the report Exhibit ,,K. The next day i.e. 23rd August, 1997 at about 09:30 hrs. when he was called by the Commandant, and as he was proceeding to the office of the Commandant, but the petitioner, having a stick in his hand hit him on his forehead and also on the left arm. He started bleeding. Battalion Havildar Major Bhag Chand rescued him. ASI C.K.Barman, HC Gajab Singh and Naib B.L.Patil also reached and managed to remove petitioner from the place. He was thereafter taken to M.I. room wherefrom he was shifted to the base hospital where he received five stitches.