Rajinder Singh Pathania vs Union Of India And Ors. on 2 December, 2015

Through: Sh. Ruchir Mishra, CGSC.
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MS. JUSTICE DEEPA SHARMA

MR. JUSTICE S. RAVINDRA BHAT

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1. In these proceedings under Article 226 of the Constitution of India,
the penalty of 28 days’ rigorous imprisonment and 14 days’ pay fine,
imposed by the Indian Army (on the petitioner) has been challenged.
2. The Petitioner was enrolled in the regular Army on 30 th January 1999
after having been found physically and medically fit in all respects. After
completing his basic military training, he was posted to 13 Punjab Regiment
on 25th December 1999. Later, his posting was at the 7th Battalion of
Rashtriya Rifles (Punjab) in Jammu and Kashmir as a Sepoy on 9 th
December 2008. The petitioner recounts the incident of Col. Vikas Verma’s
behaviour, (the Commanding Officer of that regiment) during a visit
allegedly hurling abuses on the soldiers to which he had objected. It is

W.P.(C) 8082/2011 Page 1
alleged that the said officer threatened him with severe consequences and
that he subsequently instructed someone to file a complaint at the Police
Station Uttarsur, Anantnag under Section 376 of the Indian Penal Code
(IPC) against the petitioner for the commission of rape on his daughter. The
petitioner was arrested and put in the unit quarter guard. The case was
investigated by the local police of that area but the charges were found to be
incorrect.

Source: Indian Kanoon

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