SGT V.K. SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought for the following relief:

(2.) The brief facts of the case, for the purpose of adjudication of this Writ Petition are that the petitioner is working as Sergeant in Indian Air-force and presently serving at Command Hospital, Air Force, Bangalore as a Clerk/Equipment Assistant at Budget Table as well as in- charge of Accounts Section. The Senior Accounts Officer of the second respondent has received information regarding the variation in the hard copy and the soft copy of the bank schedule which was forwarded to Canara Bank Extension Counter on 21st September, 2009, whereunder an amount of Rs.3,77,370/- was to be remitted in favour of the vendor by name M/s. Supreme Health Care (B) Pvt. Ltd., however, it was found on verification on the statement which was reflected against M/s. Vivek and Co. in the account maintained at Kotak Mahindra Bank, being the account of the petitioner in various transactions since 2018 and in view of the said allegation of the misappropriation of fund, a Court of Inquiry was initiated against the petitioner. Pursuant to the aforesaid allegation of misappropriation of funds, the third respondent has passed the order dated 02nd April, 2020 (Annexure-A) to try the offence of misappropriation of funds as per the charge sheet filed against the petitioner, by convening a General Court-Martial (hereinafter referred to as 'GCM' for short).

(3.) The petitioner submits that the said constitution of GCM is contrary to Section 110 of the Air Force Act, 1950 (for short hereinafter referred to as the '1950 Act'). The Petitioner further states that the respondents herein are taking revenge against the petitioner and are not furnishing the relevant material during the Inquiry proceedings and in view of the same, the petitioner has sought for issuance of copies of the order dated 27th May, 2020 and such other copies of deposition/testimony of witnesses recorded on day- to-day basis, etc. Being aggrieved by the aforesaid action on the part of the respondents alleging that the respondents are showing vindictive attitude against him and as such, the petitioner has presented this writ petition.