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2019 Supreme(SC) 724

L.NAGESWARA RAO, M.R.SHAH
UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS – Appellant
Versus
RANJIT KUMAR SAHA – Respondent


Advocates Appeared:
For Petitioner(s): Mr. B. V. Balaram Das, AOR
For Respondent(s): Mr. Dushyant Parashar, AOR

JUDGMENT

L. NAGESWARA RAO, J.

Leave granted.

1. The first Respondent was working as Subedar (Building and Road) and the second Respondent was a Naib Subedar (building and Road) in Headquarter-6 Sector, Assam Rifles, Kamrup, Assam. A sting operation was carried out by a contractor, Mr. C.C. Mathew, followed by a telecast in Matrabhumi News, a Malayalam Television channel and ‘Tehelka.com’ on 24/25th September, 2014 alleging corruption in the Assam Rifles. On the basis of the said news, a Court of Inquiry was convened by Headquarters, IGAR (East.), Assam Rifles by an order dated 29.09.2014 which was later amended on 01.10.2014 in respect of the composition of the Court of Inquiry. A Court of Inquiry was conducted at Srikona, Silchar, Assam during which the Summary of Evidence was recorded. A charge-sheet was issued by the Convening Authority to the Respondents under Section 55 of the Assam Rifles Act, 2006 (hereinafter referred to as the “2006 Act”) for an offence punishable under Section 7 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the “PCAct’) with an alternate charge under Section 49 of the 2006 Act. The General Assam Rifles Court (hereinafter referred t








































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