despite
pendency of a Court of Inquiry (hereinafter referred to "COI") in
respect of the incident dated 27th February, 2000 which was likely ... went missing. There were also
loss of weapons and equipments. A COI was ordered in the first
week of March 2000 by Brigadier
recordable
censure on 07.04.2007. A court of inquiry(hereinafter referred as
COI) was convened by Head Quarter South dated 6 th December,
2006 to investigate ... funds
for the purpose other than the sanctioned works." The COI was
also required to enquire into the source of funds for construction
basis of the findings returned by a Court of
Inquiry(COI) held against Lance Naik Jagtar Singh posted in the
same regiment. Before awarding ... statements of those
witnesses. Yet based upon the findings returned in the COI the
petitioner was found blameworthy for having not controlled the
situation
allowed to have carbon copy
of his own statement made before COI by presiding officer (Flt Lt
A.S. Thakur) in presence of both members ... COI."
7
Upon this a review application was moved, which was heard on 26.1.'08,
but no decision received.
Appellant Sgt. Indrasen Singh
learned
Megretraté bail te him on
rzece:;sarg;"coi:z;z_tti:;{i;s.
Appeal allowed. '
fifialllilliflg the procedure adopted by the
.1eem ... 11ire;"'::1:;3?. such sound I'€':COI'diI1g
oiwfisuél'r;§Céi1'd§:1g:"rt:fcrz
Actproseciition'V--.coAL;_ldhot be initiated without prior leave
Company 'coi;rri;.° It was also urged that in view ... recorded_..'%§'_}:'§,r"t'h'i'$.,:coi-:__rt _
in the other revision petition, confirming
petitioner is
justified in seeking directions from this Court under Article 226
COI. That decision is authority for the proposition that the
Magistrate has sufficient ... Court with applications
under section 482 Cr.P.C. or Article 226 COI without and
before exhausting the efficacious alternative remedy under
section
Court with applications under
section 482 Cr.P.C. or Article 226 COI. It is for him to go
before the learned Magistrate and make ... still be held that this
Court has jurisdiction under Article 226 COI to deal with the
grievance as in Sakiri Vasu their Lordships has advisedly
Tsion of the petitioner that the first
rcs pond.ei1t§coI*poration had tried to recover more amount
thairifi: 11Vé1t ... points out that While this
court '(.hcffii*3t IieSp0§1deflt-COI"p0rati0I1 to respond
of t'he"'15epresentation
KARNATAKA H363 COURT OF KARNATAKA HIGH COURT OF KARNAYAKA I-HGH COI
33 'F2-E maxi ... KARNATAKA HSGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA H§Gi-i COI.
mg SRLRF
