NAIB SUBEDAR MANJEET SINGH Vs. UOI

JUDGEMENT

(1.) THE petitioner was employed in Indian Army on 17. 12. 1999 and was posted as Naib Subedar in 167 field regiment detailed in Jandk in or around December 2003. He was served with an order passed by the respondents dated 20. 07. 2005 whereby he has been awarded with the punishment of "severe Displeasure (Recordable)" on the basis of the findings returned by a Court of Inquiry (COI)held against Lance Naik Jagtar Singh posted in the same regiment. Before awarding the punishment as aforesaid, a show cause notice was also issued to the petitioner on the directions of the GOC 16 Corps who found the petitioner blame worthy even though he was not a party to the Inquiry.

(2.) IT is the case of the petitioner that on 7th December, 2003 at the field location of the Unit Battery in J and K, Lance Naik Jagtar Singh fired indiscriminately from his service weapon. This caused the death of two of his colleagues and injured one posted in the same Regiment, and thereafter, Jagtar singh also attempted to commit suicide. A Court of Inquiry was ordered by headquarter 29 Infantry Division vide the order No. 3013/2/167/a3 dated 08. 12. 2003 to investigate the circumstances under which No. 1496656n Lance Naik jagtar Singh of 167 Field Regiment fired indiscriminately from his personal weapon 5. 56 mm INSAS rifle causing death of Hav Ramesh Singh and Hav Ajit Singh and injury to Hav Baldev Singh and thereafter attempted to commit suicide on that day.

(3.) THE Court of Inquiry examined as many as 40 witnesses including the petitioner. Before issuing the show cause notice the respondents granted an opportunity to the petitioner to cross-examine the witnesses recorded during the court of Inquiry after the Inquiry was concluded without issuing any notice to him and also without supplying the copies of the statements of those witnesses. Yet based upon the findings returned in the COI the petitioner was found blameworthy for having not controlled the situation by the GOC 16 corps and a show cause notice dated 20. 6. 2004 was served upon him to show cause as to why appropriate censure be not awarded to the petitioner. The show cause notice dated 20th June, 2004 reads as under: <FRM>JUDGEMENT_2034_ILRDLH17_2008Html1.htm</FRM>