S R KULKARNI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is a retired Major of Indian Army. He was dismissed from services in a court martial proceeding in September 1963. He had not been given the pensionary benefits. Allegedly the petitioner during Chinese aggression was believed to be 'killed-in-action' in November 1962. He, however, came back alive. He on his way back found a radio set which he allegedly deposited with the Units' Quarter- Guard. He, admittedly, however had used the same. The petitioner contended that upon his return to his family at Tejpur, his wife had informed that the new Commander Lt. Col. Mathews instructed her to vacate the allotted quarter at Tejpur along with her minor children, whereupon the petitioner told the said Commander that his aforementioned action in such a situation militate against the esprit de corps so very essential for the morale of a fighting force. Thereafter a court martial proceeding had been initiated against him. The petitioner contends that he was forced to plead guilty as he was promised that he would be let off with a minor punishment. However a sentence of cashiering was imposed against him. The commanding authority at Delhi, however, reduced the sentence to dismissal simpliciter. No recommendation was made for with-holding of pension and gratuity. As he had not been paid his pension and gratuity he made an appeal before the President of India on 27th October 1963. The said petition was disposed of by the President by an order dated 2nd June 1964 stating: "I am directed to refer to your petition dated the 27th October 1963, and subsequent reminder, dated the 26th February 1964, addressed to the President, on the above subject, and to say that after careful consideration of the points brought out, it has been decided by the Government that the circumstances leading to your dismissal from service do not warrant the grant of a pension to you. As such, it is regretted that your request for the grant of a pension to you cannot be acceded to. A separate communication will follow in regard to ICM allowance, Jangi Inam allowance and repayment of house building advance."

(2.) Despite the same the petitioner by a communication dated 24th July 1992 addressed to the Chief of the Army Staff stated: "I shall be grateful if a copy of the S.G.C.M. is given to me at the earliest, since no such copy has been given to me till date. The details of the SGCM are given below: Proceeding No.: 600158/932/JAG-DJAG No.4 of 62-63 SGCM held at : No.4 Infactry Division, 7th Brigade, Brigade HQ., Tejpur. Punishment : Dismissal Awarded Rank at that : Major Time I.C. No. : 9635 I hereby authorise Shri Gulshan S. Bajwa whose specimen signatures are endorsed below to collect the said copy on my behalf. An application dated 24.7.1992 for the grant of Benevolent Fund is also enclosed herewith. It is submitted that I am already in receipt of Jangi Inam'. May I also draw your kind attention to my application dated 22.9.1987 about non-payment of pension etc. Kindly refer Army Headquarter's letter No.B/41845/2/AG/PS4(c) dated 12.10.1987 addressed to CDA(P) Allahabad, and copy to me. My correct address is given below: 17, Sawali Society, Kothrud, Pune 411038."

(3.) By communication dated 3rd September 1992 he was informed:- "Reference your letter No. nil dated 24th July 1992 addressed to the COAS. I have been directed to inform you that the SGCM proceedings have since been destroyed in 1979. As such we are unable to provide a copy of the same to you. Your requests for grant of pension and Benevolent Fund has been referred to PS Dte and CW Dte of AG's Branch for their necessary action."