P MUNIRATHNAM Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the arguments of the learned counsel for the parties and perused the records.

(2.) THE petitioner was employed as a Constable in the Central Reserve Police Force [CRPF] on 02.4.1991. He was posted at several places and finally, at Jammu Tawi on 19.3.1997. On 17.8.1997, they celebrated the Raising Day and he was detained in the working group for shifting the store items from the ground and back to the store room. Another Constable by name Mukesh Chand was also detained to do that work. THEre was a quarrel between the petitioner and the said Mukesh Chand, who, according to the petitioner, used abusive language against him and also assaulted him. THE petitioner, in order to save himself, threw a stone at the said Mukesh Chand which hit him on his forehead.

(3.) THE petitioner filed an appeal dated January 1998 to the second respondent. In that appeal, he had categorically stated that the enquiry proceedings were held in Hindi and he was not given any translated version. He also made a grievance about the denial of having the assistance of a lawyer / agent in the enquiry. THE appellate authority the second respondent herein rejected his appeal. In paragraph 5 of the said order, the appellate authority recorded as follows: