LT. COLONEL DHARAMVIR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. Shreeji Bhavsar, learned counsel appearing for the petitioner; Mr. S. Suresh, learned ASG for respondent Nos. 3 and 4 and Mr. Niranjan Sanasam, learned GA for respondent Nos. 1 and 2.

(2.) By the instant writ petition, the petitioner has prayed for issuing a writ of mandamus or any other writ to direct the respondent Nos.1 and 2 to register FIR under the appropriate Sections of the Indian Penal Code, 1860 and the Arms Act, 1959 for alleged recovery of illegal and unaccounted arms and ammunitions by the respondent No.3 on 02.07.2018 from inside the barrack of 2 FID/3CISU, M Sector, Imphal.

(3.) Facts and circumstances as narrated in the writ petition, are that the petitioner is a decorated Army Officer with 32 years of service and he has been awarded 4 comme-ndation cards. He initially joined 1 PARA Commando (SF) as a Paratrooper and immediately after his half basic training in the year, 1987, he joined his Battalion in Srilanka during the Operation Pawan. After two years, he came back to India and he along with a team went to Nagaland in Operation ORCHID and RHINO. He took commission and passed out with 100 regular course in June 1997 and did cross attachment in Garhwal Scouts. During attachment, he accomplished various difficult patrols in snow glaciers of Indo-China border at a height ranging from 17000 ft. to 22000 ft. and for the same as 2/Lt, he was awarded with first GOC-in-C-Commendation Card. In 1999 he led a team of mountaineers in Operation VIJAY and played a major role in the capture of BAJRANG POST. After the Kargil War, he moved with an advance party of Gargh Scouts to Naogaon in Srinagar on LoC for counter infiltration operations and in June, 2000, he joined Int Corps at Bagrakote in WB where, for his gallantry act, he got his second commendation card. The petitioner went on staff posting in counter insurgency field at Rajouri in May 2005 where he also got his third commendation card. Finally after 12 years, in May 2008 he got his first peace posting in Mumbai where he was part of a special team who interrogated Ajmal Kasab. During his Mumbai tenure, beyond a call of his duty without caring his life and safety, he jumped into 18 to 20 ft deep drain with full of poisonous gas and inhaled almost 20 points of Methane Gas while rescuing two civilians and for three days thereafter, he was fighting his battle in ICU (INH ASIVINI Colaba) where he narrowly escaped the jaws of death. For his brave act, he was awarded with the Chief's Commendation Card.