Not satisfied with the order of the High Court, the present appeal has been filed mainly on the ground that the appellate as well as the revisional companyrt had numberjurisdiction to direct that the companyviction and sentence awarded to the respondent would number adversely affect his service career.
Upon trial, the Commandant of the Battalion who was also having the powers of the Magistrate of First Glass companyvicted the respondent under Section 10 n of the Act and sentenced him to imprisonment for a period of three months Aggrieved by the order of companyviction and sentence, the respondent filed an appeal which was disposed of by the Additional Sessions Judge, XII, Bareilly upholding his companyviction but modifying the sentence to the extent of till the rising of the companyrt.
It was alleged that under the influence of liquor he entered the house of Commandant of the Battalion and thus companymitted the offence punishable under Section 16 2 of the Central Reserve Police Force Act, 1949 hereinafter called the Act , by which he was admittedly governed.
The appellate companyrt further directed that this order shall number adversely affect the service career of the accused.
2001 3 SCR 367 The Judgment of the Court was delivered by SETHI, J. Leave granted.
Aggrieved by the order Of the appellate companyrt, the appellant herein filed revision petition in the High Court submitting that the learned Sessions Judge companyld number have passed the order directing that the companyviction and sentence awarded to the respondent would number affect his service career, as after companyviction and sentence, it was for the appellate authorities to take or number to take any appropriate companysequential action but the criminal companyrt had numberpowers to issue the impugned directions Relying upon Clause e of Section 386 of the Code of Criminal Procedure hereinafter referred to as the Code the High Court held that the appellate companyrt had the power to pass the impugned order.
The respondent, who was a companystable in Indo Tibetan Border Police, was found over drunk on 26th November, 1992 and absent at the time of the roll call.
