LAWS(DLH)-2002-3-72

V N SINGH Vs. UNION OF INDIA

Decided On March 15, 2002
V.N.SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner at all material times was attached with 35 Inf. Brigade. Purported to be on the ground of indiscriminate local purchase of hygiene chemicals ignoring the instructions laid down therefor during his tenure as Officiating Commandant, he was charge-sheeted. Proceedings in terms of the Army Act had been initiated on 30/10/1996. Upon investigation, it was concluded:

(2.) However, Court Martial proceedings were initiated wherein certain procedural lapses were recorded. As many as eight charges were levelled against the petitioner. The petitioner was held guilty. An order dated 30/10/1996 was passed to arrest the petitioner. Questioning the said order, the writ petition has been filed. In the said writ petition, the petitioner, inter alia has prayed for the following reliefs:

(3.) The learned counsel for the petitioner would submit that provisions of Sections 153, 154 and 160 are ultra vires Articles 44 and 21 read with Article 50 of the Constitution of India inasmuch as by reasons thereof, a judicial authority becomes subservient to the executive. The learned counsel would contend that the procedure adopted in a court martial is violative of Article 21 of the Constitution of India. In any event, the learned counsel would contend that the impugned order could not have been passed as initiation of the proceedings was bad in law being barred by the law of limitation. "Section 160 of the Army Act reads as follows: