SASHIKANT PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal has been filed, challenging the order dtd. 5/3/2024 of the learned Single Judge in W.P(C) No.220 of 2022, in and by which, the Writ Petition, seeking reinstatement was dismissed as devoid of merits.

(2.) The Appellant was enrolled in the Assam Rifles as Rifleman (Barber) and had rendered unblemished service till his suspension order. There were two charges levelled against him, namely, i) under Sec. 55 and 23(d) of the Assam Rifles Act for firing 3 shots from his service weapon against his fellow staff called Deva Nand and ii) leaving his guard without orders from his Superior Officer. The appellant was arrested for the incident of shooting another Rifleman in respect of registration of an FIR in Chiephobozou P.S. Case No.14 of 2015 under Sec. 307 IPC and placed under Police custody.

(3.) A Trial was conducted against him for the above offences and during Trial in the Assam Rifles Court, the Appellant pleaded not guilty to both charges. The prosecution examined 19 witnesses, including 3 eye witnesses and 23 exhibits were marked along with three material exhibits. After completion of the Trial, the Court found him guilty of charges and sentenced him to undergo 3 years of imprisonment in Civil Custody with an order of dismissal from service vide order dtd. 23/3/2018. The sentence of imprisonment and the order of dismissal were confirmed by the Inspector General, Assam Rifles (North) on 11/9/2018 by setting off the imprisonment of 3 years from the period spent by the Appellant in civil custody during investigation. Though the Appellant preferred an appeal on 16/3/2021 before the Director of Assam Rifles under Sec. 139(2) of Assam Rifles Act, 2006 r/w Rule 178 of Assam Rifles Rules, 2010 against the order dtd. 23/3/2018, it was rejected on 22/3/2022 on the ground of delay and devoid of merits.