Judgment

Prafulla C. Pant, C.J.

Heard. This writ appeal is directed against the order dated 22.07.2009, passed by the learned Single Judge in WP(C) No. 310(SH) 2006, whereby said Court has upheld the order of punishment awarded against the petitioner by the respondent authorities in Summary Court Martial proceedings.

2. Heard learned counsel for the parties and perused the record.

3. Brief facts of the case are that the writ petitioner/appellant was recruited on 09.11.1978 in the Assam Rifles. According to the writ petitioner/appellant, his work and conduct on the post of Sepoy was good and as such on 06.09.1986, he was promoted to the post of Havildar. He was due for promotion to the post of Nb. Subedar and had undergone training. But on 21.6.1992, according to the writ petitioner/appellant, while he was performing his duty as Administrative Base In-charge, Assistant Commandant Assam Rifles, 141 Surjit Kumar, asked him to bring 750 ml bottle of liquor (rum) for his consumption. The writ petitioner/appellant has further alleged that the liquor was shared by Assistant Commandant Surjit Kumar and Naik Subedar, OP Verma, who got intoxicated and thereafter he was asked for one more bottle.