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2017 Supreme(J&K) 393

DHIRAJ SINGH THAKUR, SANJAY KUMAR GUPTA
Jaswant Singh – Appellant
Versus
U. O. I. – Respondent


Advocates Appeared:
For the Appellants :Mr. Sunil Sethi, Sr., Mr. Nitin Parihar, Advocate
For the Respondents: Mr. Ravinder Gupta, CGSC

D.S. THAKUR, J.

1. This Letters Patent Appeal has been preferred against the judgment and order dated 01.03.2017 passed in SWP No.1932/2013, whereby the writ petition filed by the appellant has been dismissed on the ground of lack of jurisdiction.

2. Briefly stated the material facts are as under:

3. On 15.02.2000, the appellant herein during the course of patrolling in District Manipur fired a bullet from his 9MM carbine, which hit one Constable Girish Chand, who as a consequence suffered grievous injuries. A Court of enquiry was held, which according to the appellant concluded that the firing of gun shots from the weapon of the appellant was not intentional but accidental.

4. In the year 2003, after a lapse of more than three years, the Commandant, 64th Bb. at Dholchera, District Assem sought trial of the appellant by General Security Force Court on the same allegations. The General Security Force Court was convened, which charged the appellant and vide order dated 09.02.2004 sentenced him with the following punishments:

(a) To take rank and precedence as if his rank and appointment as Sub-Inspector bore the date 2nd November, 2001 and not 2nd November, 1998.

(b) To forfeit three years



























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