NRIPEN SARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner who was appointed as Sepoy under the respondents is aggrieved by the order of dismissal from service passed against him pursuant to a Summary Court Martial. His petition against the order pursuant to the Summary Court Martial has also been rejected. Hence, this writ petition.

(2.) ADVERTING to the facts of the case, the petitioner was appointed as Sepoy under the respondents pursuant to his participation in a recruitment rally organized by the respondents and his selection thereof. After serving as such in different places, he was lastly posted at Dimapur (Nagaland ). He was sent for training in 1984 and on successful completion of the same, joined as Sepoy at 309, Field Ambulance at Merut (UP) in 1987. While he was serving as such, a Court of enquiry was initiated against him by an order issued on 23. 09. 97.

(3.) THE allegations against the petitioner was that he committed rape/attempted to commit rape on one of the indoor patients in the hospital. The Court of Enquiry recorded the following findings:-