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2015 Supreme(P&H) 703

RAJIV NARAIN RAINA
Zuber Ahmed – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellant :Surinder Sharma, Advocate
For the Respondents:Puneeta Sethi, Addl. C.G.S.C., Anil Malhotra, Advocate, Amicus Curiae andR.S. Cheema, Senior Advocate, Special Amicus Curiae

Rajiv Narain Raina, J.:-

1. This writ petition is by Zuber Ahmed, an ex-constable of the Central Reserve Police Force against a punishment order dated March 19, 1993 inflicted by the Commandant, 84th Battalion, CRPF, Faridkot, Punjab dismissing him from service following an order passed earlier in the day awarding him sentence of simple imprisonment till the rising of the Court in a judicial trial held by the same Commandant-6th respondent concluding it in ten days. The sentence was imposed on the petitioner by the Commandant after trial by virtue of powers vested in him by the Central Government under s. 16 of the Central Reserve Police Force Act, 1949 read with GSR-43 (F) dated January 26, 1978 ('CRPF Act' for short) which authorized him to act as the Chief Judicial Magistrate to try the commission of offences committed by a member of the Force including the one under the residuary clause in sub-s. (n) of s. 10 of the Act under which the petitioner was charged and tried for what in pith and substance amount to an attempt to molest and to outrage the modesty of a woman by leaving his call of duty for about 10 minutes by change of guard post with another constable though the charges














































































































































































































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