SHAMSHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was appointed as a constable in CRPF on 2.8.1983. A complaint was lodged against him on 3.6.92 charging him of assaulting one fellow constable, Mohd. Ismail alongwith some others, he was tried under Sec.10(n) of the CRPF Act of 1949 by the Assistant commandant and was sentenced to imprisonment till rising of the court". As a consequence there of, he was dismissed from service by order dt. 10.6.92 However, a corrigendum was issued to this order in Nov 92 correcting his date of dismissal from 10th June 92, He took an appeal against this petition assailing his dismissal on the ground that the punishment meted out to him was disproportionate and , that, the action suffered from non - application of mind.

(2.) PETITIONERS counsel, Mr. Parihar also contended that his case was not covered by section 12(1)(2) of the Act in as much as petitioner was at no stage imprisoned in a prison as envisaged by sub -section (2) of the section and, that, "imprisonment till rising of the court" could not entail his dismissal as it was not an imprisonment in the strict sense of the word. He sought support from AIR 1987 SC2386 (Ranjit Thakurs case).

(3.) IN the objections filled by respondents, it is submitted that the petitioner was tried and sentenced after he pleased guilt and, as a matter of fact, a lenient view was taken against him by only imprisoning him till the rising of the court. It is also submitted that since he had not taken any appeal against conviction, which entailed automatic dismissal, it did not lie in his mouth now to turn round and to question his dismissal from service. It is denied that the action suffered from any arbitrariness or by any non -application of mind. Respondents counsel, Mr. Bhat also submitted that once petitioner was convicted, it naturally entailed his dismissal from service.