CHANDRAKANT PRABHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts of the case is that the petitioner was enrolled in the Assam Rifles on 15.3.2012 as Havilder/Clerk and on completion of the basic training the writ petitioner was posted at 31 Assam Rifles. On 7.11.2014, one Ex-Lance Naik Dayashankar Shah, submitted an application to the Commandant 9 Assam Rifles with a copy to the Headquarter Director General of Assam Rifles and to the Ministry of Home Affairs stating amongst other allegations that the writ petitioner and another person namely Prabhat Kumar Sharma had produced fake residential certificates of Mizoram and Meghalaya respectively at the time of their enrollment. The other allegations were that the writ petitioner had taken 3,00,000/- (Rupees Three Lakhs) only for enrollment of the complainant's son and also was running wet canteen in the name of Binod Kumar Sharma and Sons at the Assam Rifles Headquarters.

(2.) The Director General Assam Rifles then vide letter 11.06.2015 directed that a Court of Inquiry to be convened to ascertain the validity of the certificates which were filed by the writ petitioner at the time of enrollment as per relevant rules. Thereafter, by the order 6.7.2015 a Staff Court of Inquiry (SCOI) was convened to investigate into the allegations of the involvement of the petitioner in fake recruitment, running wet canteen, fraudulent enrollment, taking bribes, bank transactions, property details including frequent changing of residential/payment address etc.

(3.) In the course of the Court of Inquiry, 15 witnesses were examined and the petitioner was given adequate opportunity to defend himself. On culmination of the Court of Inquiry which however confined itself only to the aspect of enrollment by production of fake documents, a Show Cause Notice dated 6.8.2016 was issued to the writ petitioner which is as hereunder :