Dismissed

U.O.I. Th. Home Deptt.and Ors. v. Jadhav Sesh Rao and Anr.

J&K HC10 Sept 2021CDLSW/27/2019

Case brief

AI extract

What is this about?

The High Court dismissed the appeal against a Single Judge judgment quashing a capital punishment order imposed on an BSF personnel for unauthorized absence. The court held the punishment order was illegal due to lack of a signed confession. It dismissed the appeal directing the appellant to settle the absence period, noting that double punishment for the same offence was impermissible since the r

What did the court decide?

The appeal was dismissed. The appellant was directed to settle the period of absence of the respondent in accordance with law.

U.O.I. Th. Home Deptt.and Ors. Vs Jadhav Sesh Rao and Anr. — J&K HC (2021) — LawSathi Research

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Sr. No. 11

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CJ Court

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Case: CDLSW No. 27 of 2019 In LPA No. 60 of 2019

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Union of India and others

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…Petitioner(s)/Appellant(s)

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Through: Sh. Vishal Sharma, ASGI

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V/s

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Jadhav Sesh Rao and another …. Respondent(s)

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Through: None

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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The appeal is reported to be filed beyond 62 days.

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On the delay condonation application, notices were sent to the respondents but despite service no one has put in appearance and filed objections to the delay condonation application.

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We have considered the averments made in the delay condonation

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application and are satisfied that the appellants were prevented by sufficient cause from filing the appeal in time, accordingly, delay in filing the appeal is condoned.

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Application CDLSW No. 27 of 2019 is disposed of.

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Heard Sh. Vishal Sharma, learned Assistant Solicitor General of

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India.

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The appeal has been preferred against the judgment and order dated 07.09.2018 passed by the learned Single Judge allowing the petition filed by respondent No. 1.

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2 CDLSW N0. 27 of 2019 & LPA No. 60 of 2019

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The facts reveal that respondent No. 1 was deputed in the BSF and on the ground that he has not reported on duty and had remained absent for 12 days without any information and leave, he was punished with seven days of rigours imprisonment. The said order of punishment was passed on the basis of his statement pleading guilty recorded by the Commandant. The learned Single Judge has set-aside the order of punishment on the ground that the statement was inadmissible as it was not signed by the respondent. It is not disputed that the statement of the respondent was not signed by him therefore, we do not think that the said statement could have been relied and made the basis for imposing the punishment. There is no error or illegality in the judgment and order passed by the writ court.

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Sh. Vishal Sharma, in the end submits that the writ court in setting aside the order of punishment has not left it open for the authorities to take fresh action which is necessary as in a discipline force such kind of omission cannot be allowed to go unpunished.

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We do not find any merit in the above submission inasmuch as the respondent has already undergone seven days of imprisonment which was imposed upon him. Therefore, he cannot be punished again for the same offence.

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The appeal lacks merit and is accordingly dismissed.

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The appellant may settle the period of absence of the respondent in accordance with law.

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(RAJNESH OSWAL) (PANKAJ MITHAL) JUDGE CHIEF JUSTICE

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Jammu 10.09.2021 SUNIL-I

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: Yes/No : Yes/No

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Whether the order is speaking? Whether the order is reportable?

U.O.I. Th. Home Deptt.and Ors. v. Jadhav Sesh Rao and Anr.

Case brief

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U.O.I. Th. Home Deptt.and Ors. v. Jadhav Sesh Rao and Anr.

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