UNION OF INDIA Vs. GURNAM SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The respondent herein was commissioned in the Parachute Regiment of the Indian Army on 2-3-1968. He was subjected to court-martial proceedings on two charges framed against him. The first charge was to the effect that he failed to return two official files in spite of directions; and the second charge was for using criminal force against late Major A. S. Randhawa by throwing a chair at him and causing bruises on his face. The respondent was tried by a court-martial and the Court found him guilty of both the charges. In view of the verdict of the Court-martial, the respondent was dismissed from service. The respondent challenged the Court-martial proceedings and also the punishment imposed on him before the Punjab and Haryana High Court. The High Court of Punjab and Haryana was of the view that it had no jurisdiction and the writ petition should be filed before the Delhi High Court. Thus, the writ petition was dismissed with liberty to the respondent to file it before the Delhi High Court. The respondent later filed a writ petition in the Delhi High Court and by the impugned judgment the punishment imposed on the respondent was set aside and the appellants herein have been directed to pay a compensation of Rs. 5 lacs for the harassment and indignity meted out to the respondent. The judgment of the Delhi High Court is challenged by the Union of India.

(3.) We heard the counsel for the Union of India and also the respondent who appeared in person.