S.K. JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against impugned judgement dtd. 1/6/2012 and order dtd. 3/9/2012 passed in O.A. No. 445 of 2010 and R.A. No. 34 of 2012 by Armed Forces Tribunal (hereinafter referred to as "Tribunal"). The Tribunal by impugned judgment dtd. 1/6/2012 substituted conviction of appellant in respect of charge for alleged possession of ammunition and held him guilty of an act prejudicial to good order and discipline. The Tribunal convicted the appellant under Sec. 63 of the Army Act, 1950 (hereinafter referred to as the "1950 Act"). The Tribunal by the impugned order dtd. 3/9/2012, dismissed the petition for review filed by the appellant.

(2.) In order to appreciate the challenge of the appellant to the impugned judgment and order, relevant facts need mention, which are set out as under.

(3.) The appellant was commissioned into Army Ordnance Corps of Indian Army. He was, on 27/8/2006, promoted as Colonel (Selection Grade) and was posted as Commandant of Northern Command Vehicle Depot, (NCVD) Udhampur. The appellant was handling motorcycles (Royal Enfield) intake in the command after the inspection test. One Shri Sumesh Magotra, a contractor from M/s Vivek Motors, Udhampur, (complainant) met the appellant on 17/9/2008 in NCVD. The appellant demanded Rs.100.00 per motorcycle for passing the same in the inspection test. The complainant after four days met Commanding Officer of Northern Command, Counter Intelligence Unit, and explained the difficulty faced by him. Thereafter, the complainant again met the aforesaid Commanding Officer between 20th to 23/9/2008 wherein he again narrated the harassment faced by him. The complaint disclosed to the Commanding Officer that he was under pressure to make a payment of Rs.10,000.00 in cash to the appellant and was due to make payment on 27/9/2008. The complainant thereupon made photocopies of twenty currency notes of Rs.100.00 denomination each which were included in hundred numbers of Rs.100.00 denomination currency notes.