SHAMBHU PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of the present writ petition aswell as Civil .Writ Petition Nos. 2831/92 and 1332/93, as they raise commonquestions of law.

(2.) The writ petition No. 2365/92 is filed under Article 226 of the Constitutionof India for an appropriate writ, order or direction to the respondents to payPension and Gratuity to the petitioner as he has put in satisfactory service of about22 years.

(3.) The facts briefly stated are that the petitioner was enrolled in the Army on 22/11/1969, and he was promoted to the rank of Naib Subedar on FebruaryII, 1990. The incident took place on 28/04/1991, when L/Hav Rajinder Kumarjoined the Unit 31 Armoured Divisional Signal Regiment, It is alleged that he wassmelling of liquor and was quarrelling with troops of the unit over an issue of hismissing wrist watch. He was allegedly beaten by the duty JCO and others. Thisresulted into commotion. At that moment, the petitioner, who was Naib SubedarAdjutant and Subedar Major G.K.Pillai happened to arrive at the scene during theirroutine round of unit lines. The petitioner gave one or two slaps to those, who werequarrelling in order to bring the situation in control. L/Hav Rajinder Kumar washurt in commotion and he sustained some injuries. This was .attributed to thepetitioner and Section 34 of the Indian Penal Code was invoked.