DALBIR SINGH BISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K.P. Sharma, learned Senior Advocate for the petitioner and Mr. P. Choudhury, learned Senior Central Govt. Standing Counsel for the Union of India.

(2.) In this application under Article 226 of the Constitution of India, the petitioner has challenged the order dated 21.8.93 passed toy the Colonel Commandant, 29th Assam Rifles, whereby the petitioner was dismissed from service.

(3.) The undisputed facts are that on the night of 14/15th January, 1993 the petitioner Dalbir Singh Bisht, a Naik under the Assam Rifle was detailed for Guard duty at Gate No.2 of the Headquarter of the Assam Rifles. On that night itself the service weapons i.e. a rifle 7.62 mm SLR along with cartridges issued to the petitioner was found missing. Thereafter a preliminary enquiry was held and the petitioner was tried for the commission of the offence under Section 7(K) of the Assam Rifles Act, 1941. The petitioner was found guilty and he was sentenced to imprisonment in civil jail for a period of one year with fine of Rs.200/-. Thereafter a show cause notice was issued to the petitioner and vide impugned order he was dismissed from service. Hance the present petition.