UNION OF INDIA Vs. RAJBIR SINGH KHANNA

JUDGEMENT

(1.) Leave granted in SLP (C) No. 15370/1997.

(2.) Rajbir Singh Khanna, respondent No.1 was commissioned in the Indian Army on 8-2-1964. In June 1989, when he was holding the rank of Colonel, he was posted as Deputy Commandant of 61 Infantry Brigade deployed in Sir Lanka. At that time Brigade Commander was Brigadier Jaspal Singh, respondent No.2. On 22-1-1990, 7-2-1990 and 9-2-1990 respectively three Courts of Inquiries were ordered to investigate certain financial irregularities in the sale of VCPs belonging to HQ 61 Infantry Brigade and movement of 5 other ranks of HQ 61 Infantry on temporary duties from operational area to Jammu, the home place of respondent No.1. The irregularities were noticed by Brigadier Jaspal Singh. On 6-2-1990 Brigadier Jaspal Singh also issued warning letter to respondent No.1 putting him on adverse report under paras 80 and 81 of Special Army Order 3/S/89. Though the respondent No.1 replied to the warning letter dated 6-2-1990, Brigadier Jaspal Singh was not convinced and directed staff court of Inquiry to be held for ascertaining the facts. On 14-3-1990 Brigadier Jaspal Singh endorsed an adverse report on the respondent No.1 which stated inter alia - "there have been aberrations in his mandatory character qualities of integrity and moral courage which make his utility to the service doubtful. He has been found wanting in discipline towards managing personal finances and was thus embarrassed in this context. I do not recommend this officer for further promotion and would advise upon his change of appointment. The respondent No.1 was due for promotion as Brigadier but the aforesaid adverse report was construed as drop in his performance and as his promotion was subject to continued satisfactory performance he was not physically promoted to the rank of Brigadier. On 23-2-1990 he was approved for promotion to the acting rank of brigadier in the General Cadre.

(3.) A fourth Court of Inquiry was also ordered against the respondent No.1 to investigate into certain allegations, such as, (a) misuse of regimental fund, (b) misuse of regimental money, (c) issuing cheques which bounced (d) over drafting of Sri Lankan currency where the respondent No.1 was deployed, (e) sending Jawans on temporary duty to his home station at Jammu, and (f) making false declaration in his record of service. Based on the findings of the fourth Court of Inquiry on 11-7-1990 disciplinary action was directed to be initiated against respondent No. 1 and he was attached with the office of the Chief Engineer, Calcutta Zone so that the disciplinary action could proceed against him as per the rules.