UNION OF INDIA Vs. MAJOR K K TANEJA

JUDGEMENT

(1.) The present Letters Patent Appeal by the Union of India is directed against the Judgement dated 2-11-87of the Learned Single Judge, quashing the order of dismisssal from service of Major K. K. Taneja, the respondent. herein, by the General Court Martial and confirmed by the Competent authority under the Army Act.

(2.) Along with this appeal the appellants filed an application ( CM 158188) u/s 5 of the Limitation Act, for condonation of delay of 19 days in filing the appeal. The appellants also moved another application (CM 157/88) under Order XXXXI Rule 27 read with Section 151 Civil Procedure Code for permission to place on record the relevant Gazette notification/warrant by way of additional evidence.

(3.) Before dealing with this appeal and the application's, it is relevant to keep in mind a few salient features of the respondents case as disclosed in his petition (CWP 1253178). The respondent herein was appointed as a regular commissioned officer in the Indian Army in December, 1965. Thereafter in the year 1967 he was promoted to the rank of Lieutenant and in April 1969 to the rank of actinig Captain. In the year 1974, the respondent was working as acting Major. While working in that capacity he was charged for an offence u/s 69 of the Army Act 1950 (herinafter referred to as the Act) on the allegation that on 7th May, 1976. at about 2300 his he used ciriminal force on Mrs. Yash Pal Kaur. with the intention to ontrage her modesty in a militry special train, which was moving from Gwalior to Delhi. After completing the formalities of investigattion. a charge sheet was framed against the respondent and a General Court Martial was convened to enquire into that charge. The respondent pleaded not guilty to the charge. The General Court martial on evidence found the respondent guilty of the charge and announced the sentence subject to confirmation as follows (a) to forefeit 5 yeers of service for the purpose of promotion and (b) to be severely reprimanded.