PRABHAT KUMAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The brief facts of the case is that the writ petitioner was enrolled in the Assam Rifles on 17.06.2006 and later re-mustered as Rfn/Elect on 16.12.2009. On the complaint of Ex-Lance Naik Dayashankar Shah with regard to the production of fake residential certificate for enrollment in the Assam Rifles, besides the other allegations that the petitioner was involved in fake recruitment, fraudulent enrollment, taking bribes, bank transactions, property details including frequent changing of residential/payment address etc. a Staff Court of Inquiry (SCOI) was convened to investigate into the allegations.

(2.) Based on the findings of the Court of Inquiry the petitioner was issued Show Cause Notice and by impugned order dated 30.09.2016 the petitioner was dismissed from service.

(3.) The facts of the present case is that the proceedings which have been impugned and dismissal order are identical to the facts which have been pleaded and decided in the WP(C) No. 156 of 2017. In fact, the proceedings were initiated based on the same complaint by which the writ petitioner in WP(C) No. 156 of 2017 had approached this Court.