SASHIDHARA KURUP Vs. UNION OF INDIA

JUDGEMENT

(1.) This revision is directed against the Judgment and Order dated 14-7l988 passed by the 2nd respondent (Commandant) convicting the revisionist to undergo a sentence of one year rigorous imprisonment in Civil Jail under Section 7(f) of the Assam Rifles Act, 1941.

(2.) I have heard Mr. R. S. Bedi, learned counsel for the revisionist as well as Mr. S. N. Chetia, learned Central Govt. Standing Counsel for the respondents.

(3.) The revisionist at the relevant time was Havildar in the establishment of Assam Rifles and was posted at Khonuma out post. On 9/07/1988 the revsionist was called to the Battalion Headquarters at Kohima, on the arrival he was taken into custody. On 11/07/1988 while the revisionist was in custody, he was served with the summons asking him to appear before the 2nd respondent on 12/07/1988 to answer charges u/ S. 7(f) of the Assam Rifles Act, 1941 (hereinafter the Act) for committing acts prejudicial to good order and discipline. In the said summons 3(three) charges were specified whch is extracted hereunder : (a) On 8th July, '88 from 1300 hrs. onwards making unauthorised use of Radio set LHP 219 of the post when not authorised to do so. (b) Using the Radio set LHP 219 for clandestine purposes harmful to the interest of the Assam Rifles and the State. (c)Engaging in similar activities on days prior to 8th July, '88.