UNION OF INDIA Vs. K K TANEJA

JUDGEMENT

(1.) The present Letters Patent Appeal by the Union ofIndia is directed against the Judgment dated 2.11.87 of the Learned Single Judge,quashing the order of dismissal from service of Major K..K. Taneja, the respondent herein, by the General Court Martial and confirmed by the Competentauthority under the Army Act.

(2.) Along with this appeal, the appellants filed an application (CM158/81) u/s 5 of the Limitation Act, for condonation of delay of 19 daysin filing the appeal. The appllants also moved another (CM 157/88) underOrder 41 Rule 27 read with Section 151 Civil Procedure Code for permission to placeon record the relevant Gazette notification/warrant by way of additionalevidence.

(3.) Before dealing with this appeal and the applications, it is relevantto keep in mind a few salient features of the respondents, case as disclosed inhis petition (CWP 1253/78). The respondent herein was appointed as aregular commissioned officer in the Indian Army in December, 1965. Thereafterin the year 1967, he was promoted to the rank of Lieutenant and in April 1969to the rank of acting Captain. In the year 1974, the respondent was working asacting Major. While working in that capacity, he was charged for an offenceu/s 69 of the Army Act, 1950 (hereinafter referred to as the Act) on the allegation that on 7/05/1976, at about 2300 hrs, he used criminal force on MrsYasl Pal Kaur, with the intention to outrage her modesty in a military specialtrain, which was moving from Gwalior to Delhi. After completing the formalities of investigation, a charge sheet was framed against the respondent and aGeneral Court Martial was convened to enquire into that charge. The respondentpleaded not guilty to the charge. The General Court Martial on evidence foundthe respondent guilty of the charge and announced the sentence subject to confirmation as follows :-