EX CHM DHARAMPAL SINGH Vs. UOI

JUDGEMENT

(1.) AFFIDAVIT deposed to by the petitioner has been filed in Court. It is taken on record. The petitioner gives up claim to be paid wages. He restricts claim to be paid pension, gratuity and leave encashment lying in credit as on August 31, 1991; as per the affidavit filed.

(2.) WORKING as a Havaldar in the Indian Army, the petitioner was assigned duties as a Physical Training Instructor at a Training Institute when some recruits and in particular recruit Anand Singh alleged that on December 24, 1990 the petitioner had committed sodomy on recruit Anand Singh, an allegation which was made after December 26, 1990, the date on which admittedly the recruits had an altercation with the petitioner and had assaulted the petitioner.

(3.) VIDE order dated September 07, 2009 the conviction of the petitioner was set aside and it was opined that the recruits had conspired to lodge a false complaint against the petitioner, probably to justify the violence committed by them on December 26, 1990. But, it was recorded in the order:-