Calcutta High Court (Appellete Side)
Md. Abdul Motin vs Union Of India & Ors on 17 April, 2014
Author: Arindam Sinha
Bench: Arindam Sinha
1 17.04.14 30 Ct. No. 35 sm W.P. 2684(W) of 2007 Md. Abdul Motin
-vs-
Union of India & Ors.
Sk. Mujibar Rahaman Sk. Musior Rahaman .....for the petitioner Mr. P.K. Chattopadhyay ....for the Union of India The petitioner along with two others were charged that on 7th October, 1998 while they were on duty in the Platoon out post of Raga when at about 0825 hours one constable started firing indiscriminately from his weapon and killed their Platoon Commander, the petitioner and the said others dropped their arms and ammunitions and fled in an act of cowardice instead of tackling the situation with bravery and determination to ensure protection of their platoon commander. The petitioner having exhausted his departmental remedies has sought interference by this court under Article 226 of the Constitution of India to set aside the charge-sheet and the consequent 2 proceedings and orders passed pursuant thereto.
The main contention of the writ petitioner is that of the two others one constable K.C. Roy was also similarly charged. That constable approached the Agartala Bench of the Gauhati High Court by writ petition W.P. (C) No. 19 of 2000 which was disposed of by judgement and order dated 5th December, 2006 whereby, inter alia, the order of punishment impugned therein was set aside directing all consequential benefits to be given to the said constable. The petitioner in his affidavit-in-reply has annexed a copy of a letter dated in December, 2012 issued by the Commandant 43(Bn) Bargaon in the State of Jammu and Kashmir to the said constable K.C. Roy intimating him the order of reinstatement.
Mr. Chattopadhyay, learned advocate appearing on behalf of Union of India prays for time to seek instructions regarding why the findings 3 in the case of a similarly accused person who was dealt with similar punishment, made by the Gauhati High Court should not be made applicable in case of the petitioner.
Let this matter stand over till 14th May, 2014 for hearing and disposal. Mr. Chattopadhyay submits that he shall produce the records on the adjourn date.
(Arindam Sinha, J.)