DILWAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS instant writ petition is directed against the fresh proceeding initiated against the petitioner and initial summary proceeding vide order dated 6.08.12 without supplying of charge -sheet.

(2.) THE petitioner 's case in nut shell is that ''this writ petition has been filed by the petitioner under Article -226 of the Constitution of India for issuance of the writ of certiorari and mandamus for setting aside quashing of the impugned disciplinary enquiry commenced by the respondent on 10.08.12 for the alleged offence of June 2010 against the petitioner. The petitioner 's case is that, he had served in the Assam Rifles for more than twenty two years. The petitioner challenges the said illegal enquiry on the ground that the respondent No. 5 does not have an authority to the alleged offence of June 2010 as the respondent authority (i.e. respondent No. 5) had himself given a certificate regarding non -existence of any case against the petitioner either disciplinary or otherwise and the same was communicated to the respondent No. 2 and as such the action of respondent No. 5 is hit by principle of malafide and estoppels. The petitioner further challenges the said illegal enquiry on the ground that the same is in violation of Rule -46 and 47 of the Assam Rifles Act, 2008 as well as non -supply of tentative charge -sheet and the list of prosecution witness. Hence, challenging the impugned enquiry headed by TC41891H, Maj Robbin Sangwan and like to be completed, being illegal and without any authority of law as much as the said enquiry is being done malafide and illegal action of respondent No. 5. ''

(3.) MR . SC Shyam, the learned senior CGC submitted that, it has already been mentioned in the affidavit filed by the respondent that the required documents will be furnished to the petitioner in due course of time. As per Para -17, it appears that fresh proceeding has been initiated in the presence of prosecution witnesses. On completion, the same has been forwarded to the higher authorities for pre -trial and advise which is awaited. If it is so, I am of the considered view that, before initiating fresh proceeding, the petitioner is entitled for the charge -sheet and other required documents for his defence. Hence, the respondent is directed to furnish the charge -sheet and other documents to the petitioner within 2(two) weeks which are necessary for his defence.