GUNNER STOREHAND GD BANARASI LAL Vs. UOI

JUDGEMENT

(1.) THESE 5 writ petitioners and many other officers of the Indian Army were charged by the Military Intelligence for WP (C) No. 7018/2010, W.P.(C) No. 7039/2010, W.P.(C) No. 7040/2010 espionage. It was alleged that they gave secret information to the Pakistan Military pertaining to the Indian Army, which was a threat to the security of the Nation.

(2.) AT a Court Martial held in the year 1976, the petitioners and others were charged and convicted for offence under Section 69 of the Army Act read with Section 3 of the Official Secrets Act. All were cashiered from service and were sentenced to undergo imprisonment for various periods.

(3.) SOME officers of the Indian Army, who were not subjected to a General Court Martial, were dismissed from service in exercise of power vested in the competent authority under Section 18 of the Army Act. We may call this power as the administrative power to dismiss a person without a trial or an inquiry.