UNION OF INDIA Vs. LT. COL. RAHUL ARORA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 21/5/2014 passed by the High Court of Punjab & Haryana in CWP No. 20380 of 2012. Under the said order, the High Court has setaside the order passed by the Armed Forces Tribunal, Chandigarh,('AFT') which has dismissed the appeal of the respondent and upheld the findings and sentence awarded by the General Court Martial('GCM').

(2.) The respondent was first commissioned in the Army Medical Corps('AMC') as medical officer from 29/5/1978 to 31/7/1983. He was again commissioned as regular officer in AMC on 25/2/1987. In 1996, he was designated as Graded ENT Specialist and was then upgraded as classified Specialist ENT in the year 2001. In the month of February, 2002, the respondent was posted with Military Hospital, Secunderabad wherein he was required to examine new recruits being forwarded by various training centres.

(3.) In September, 2002 one Recruit/Soldier/GD K. Siddaiah alleged that the respondent paid money for reviewing its remarks "unfit" to "review after 15 days". The statement of the recruit was recorded by one Major Mrs. R.M.B. Mythilly who initiated AFMSF-7. The respondent was charge-sheeted, and three charges were framed against him, namely: