UNION OF INDIA Vs. SRINATH

JUDGEMENT

(1.) This second appeal is bro'ught on behalf of the Union of India challenging the validity of the decree declaring that the removal from service of the respondent-plaintiff was illegal and invalid.

(2.) Briefly stated, the facts are these: The respondent-Sreenath was a M.T. Driver in the Military Farm, Belgaum. He was a civilian serving in the Defence Department. His duty, inter alia, was to drive the Military Farm vehicles for delivery of milk to various Units. There was some allegation against him. The allegation was that he had sold milk to unauthorised persons who were milkmen by trade. In order to investigate his conduct and to pin-point the responsibility for the irregular disposal of milk and dereliction of duty a Court of Enquiry under the Army Act, 1950 was ordered by Col. J.D.Stanley, Station Commander, Belgaum. The Court of Enquiry consisted of the following Members-. (1) Major F. B.Rai, MLIRC, Belgaum, (Presiding Officer): (2) Capt. T.N.Subramaniam, Military Farm, Belgaum, and (3) Subedar Ramachandra Jaga- dale, MLIRC, Belgaum. The Court of Enquiry assembled and after examination of some witnesses and interrogating the plaintiff, came to the conclusion that the plaintiff and one delivery man Adavappa sold milk to the civilian milkmen near St. Paul's High School Gate on several days, without any authority and for personal gains. The report of the Enquiry was forwarded to the Station Commander for his remarks). On 29-6-1969, the Station Commander made an order agreeing with the opinion of the Court that the plaintiff and the delivery man Adavappa were guilty of selling milk to unauthorised persons. He further recommended that the said personnel be suspended from duty pending disciplinary action.

(3.) The Deputy Director of Military Farms framed a charge against the plaintiff and appointed Lt.J.S.Sandhu as the Enquiry Officer. The charge framed against the, plaintiff reads as follows :