N. KUNJESHOR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Kh. Tarunkumar, learned counsel for the petitioner as well as Mr. Amarjit Naorem, learned CGSC for the respondents.

(2.) THE present petition has been filed by the petitioner who was serving as a Constable (GD) in the Central Reserve Police Force (CRPF in short), challenging his dismissal order dated 3.08.2012 (Annexure -A/4) as well as order dated 27.02.2013 (Annexure -A/9) rejecting his appeal by the appellate authority.

(3.) THEREAFTER , a case was taken up by the Court of Chief Judicial Magistrate -cum -Commandant, 165 Bn. CRPF by registering a case being Case No. 01/2012 -165Bn.CRPF against the petitioner on the charge that on 2.07.2012 at about 2120 hours, the petitioner while being deployed on sentry duty at Morcha No. -02, LMG post, quit his post with his arms and remained outside the camp area without permission. He was also charged to have been found in a state of intoxication by consuming liquor outside the camp area while on duty. The Court, after the trial, found the petitioner guilty of the charges levelled against him under Sections 10(a) and 10(p) of CRPF Act, 1949 and was convicted for the said offences vide judgment and order dated 28.07.2012 (Annexure -A/2). It was recorded in para 3 of the judgment that the petitioner was examined on 24.07.2012 and he pleaded guilty to the charges levelled against him. However, in the interest of natural justice, he was given opportunity to cross examine PWs and to produce his defence witnesses. He pleaded to defend his own case and did not avail the services of any defence counsel despite being given the opportunity to do so. The Chief Judicial Magistrate -cum -Commandant heard the petitioner on the quantum of punishment after his conviction to which he had pleaded for mercy due to his young age and considering his age and family responsibilities, the Court sentenced him to undergo imprisonment till the rising of the Court.