UNION OF INDIA Vs. LT COL RAKESH GAUTAM

JUDGEMENT

(1.) THIS Writ Appeal is filed against the judgment dated 31. 7. 2006 in Writ Petition No. 10327 of 2003 which was allowed by the learned Single Judge. The appellants are the respondents in the Writ Petition.

(2.) WHILE the writ petitioner was serving as a Lieutenant Colonel in the Army, a Court of Inquiry was ordered against him by Respondent No. 6 on 28. 8. 1998. The said Court of Inquiry was in respect of alleged misuse of Railway warrants by the writ petitioner. The Court of Inquiry was ordered to inquire into the following:

(3.) THE proceedings of the Court of Inquiry were commenced only on 17. 2. 2000 and concluded in August-2000. After the Court of Inquiry, a summary of evidence was ordered in September-2000 and it was completed on 19th December, 2000. Additional summary of evidence was ordered on 26th April, 2001 and it was completed in July-2001. On 25. 2. 2002 a General court Martial was ordered against the writ petitioner under the provisions of the Army Act. The proceedings of the General Court Martial were commended on 13th March, 2002 and were concluded on 1st April, 2002. The petitioner was held guilty and was ordered to be dismissed from service. When the matter was placed before the competent authority for confirmation, the sentence of dismissal was modified as forfeiture of 12 years past service for the purpose of pension and severe reprimand. Even though the petitioner had raised a contention before the General Court martial that the trial was barred by limitation under Section 122 of the army Act, 1950, it was overruled. The same contention was raised by the petitioner in his appeal before the Chief of Army Staff, but while rejecting the appeal the contention was overruled. Hence, the petitioner filed the writ Petition challenging the General Court Martial proceedings and the punishment imposed on him.