SATBIR Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) By medium of this appeal, judgment dated 29.12.2000 rendered by Writ Court is assailed. Against the dismissal order, as passed against the appellant by General Court martial, writ petition filed by appellant, has been dismissed vide the impugned judgment.

(2.) Precise factual matrix shall be advantageous to be noticed. The appellant had received a postcard on 7th April 1990, containing information that his father-in-law had died, he requested the officiating CHM for any type of twenty days' leave. In connection thereof he met Subedar Jeet Ram at his residence and was promised that his leave application would be put before the Commandant and was accordingly told to appear before the Commanding Officer on 9th April 1990. However, according to the appellant when on 8th April 1990, he was performing night guard Santiri duty at Company's main gate in Badami Bagh Cantonment, during patrolling he found someone moving in the area, who, on being called upon did not stop, which prompted the appellant to use his fire arm. The person as was fired upon was found to be Subedar Jeet Ram. The appellant as a result thereof was arrested.

(3.) According to the appellant, the person fired upon was moving in suspicious circumstances, which prompted him to open fire. The authorities concerned fell suspicious about opening of the fire as result thereof enquiry was instituted. Court of Enquiry consisted of IC-1829W Lt. Col. E.M. DANIELS, (PO) with IC-29620Y Major S.C. Bhola Member and SS 32648K Capt. A.K. Kohli. On conclusion of the enquiry opinion was recorded as under: