MAJOR BALRAM ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner in this writ petition inter alia questions an order of the General Court Martial dated 06.01.1977; an order dated 21.02.1977 passed by the confirming authority directing the Court Martial to revive the previous decision; an order dated 28.02.1977 passed by the General Court Martial recommending the dismissal of the petitioner; an order dated 12.08.1977 issued by the Chief of Army Staff dismissing the petitioner from services; and an order dated 05.08.1978 passed by the appellate authority dismissing the appeal preferred by the petitioner herein.

(2.) THE petitioner joined Army in the year 1956. He allegedly went through various trainings and held several responsible position. According to the petitioner, he was mala fide transferred to Battalion 4/5 GR against his desire with a new set of officers and team. The petitioner lodged a written complaint to the Colonel of the Regiment against Major Surat Singh, Major R.L. Kaul and Major R.S. Dhanoya, wherein a request was made for posting them out these officers, but no action thereupon was taken. In October, 1976, an unfortunate accident took place in the Battalion resulting into serious fracture injury of a Rifleman. A fire also broke out in the night of 29.10.1972 causing heavy losses of property under the command of the petitioner.

(3.) HOWEVER , the General Officer Commanding (GOC), 19th Infantry Division directed revision of the finding and sentence of the Court Martial giving directions to record a fresh finding and pass a suitable sentence as provided by law on or about 21.02.1977. It was observed : -