UNION OF INDIA Vs. A P BAJPAI

JUDGEMENT

(1.) The respondent, an officer in the army, was tried by General Court-Martial on the following two charges :

(2.) After the conclusion of the trial by order dated January 21, 1979 General Court-Martial held the respondent not guilty of the first charge of theft, but found him guilty of the second charge and sentenced him to forfeit three years' service for the purpose of promotion and to be severely reprimanded. Under Section 153 of the Army Act, 1953 (for short 'the Act'), the finding or sentence shall be valid except so far as it may be confirmed as provided by the Act. Under Section 154 the finding and sentence of General Court-Martial may be confirmed by the Central Government, or by any officer empowered in this behalf by warrant of the Central Government. When the matter was placed before the General Officer Commanding U. P. Area, the competent confirming authority, he in the exercise of his power under Section 160 of the Act revised the findings of the General Court-Martial on the first charge and directed it to reconsider the entire evidence relating to the first charge in the light of the observations made by him in the order. He gave the following directions for the General Court-Martial to observe :

(3.) In pursuance to the aforesaid order of the confirming authority, General Court- Martial assembled on March 10, 1979 and on the request of the respondent was adjourned to the following day. The respondent made written submissions which were taken on record. After reconsideration the court held the respondent guilty of both first and the second charges. Respondent was thereafter sentenced to be dismissed from service by order dated March 11, 1979. The conviction and sentence so passed on the respondent was confirmed by the Chief of the Army Staff by order dated September 14, 1979 which was promulgated on September 24, 1979.