NETRO PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was enrolled in the Army Medical Corps (AMC) in September, 1985. while he was posted to AFMC , Pune, allegations were made against him to the effect that he had extracted money from the civilians for helping them in getting job in the Army. Summary of evidence was recorded and he was ultimately issued charge-sheet dated 7th January, 2002 under Section 53 (b) of the Army Act, 1950 (hereinafter referred to as 'the Act') with the following charges: FIRST CHARGE: Army Act, 1950 Section 53 (b); EXACTING WITHOUT PROPER, AUTHORITY MONEY FROM A PERSON. In that he at kasba peth, Pune between 01 July and 31 Aug.2000 exacted without proper authority money mentioned against each from the persons mentioned herein below: a) Ms.Kurshed Syed Rs. 1400.00 b) Ms.Samdhya Ramesh Rs. 1050.00 c) Ms.Rohini Satish Trikone Rs. 1000.00 d) Mr.Maksud Haji Syed. Rs. 1400.00 e) Mr.Ujwala Gorakh Khairmode Rs. 350.00 f) Shri Gokul Sathpute Rs. 550.00 g) Mr.Jitendra Sriram Suprekar Rs. 70.00 SECOND CHARGE: Army Act, 1950 Section 53(b) EXACTING WITHOUT PROPER AUTHORITY MONEY FROM A PERSON. In that he, at Dattawadi, Pune between 01 Feb.2001 and 17 Mar. 2001 exacted without proper authority money mentioned against each from persons mentioned herein below: a) Smt.Kiran Ashid Sheikh Rs. 500.00 b) Smt.Bharathi Laxmikanth Rs.1000.00 c) Shri Ashok Raghunath Rs.1000.00 Satpute. d) Shri Feros Sayyed. Rs.1100.00

(2.) The Summary Court Martial proceedings started on 17th January, 2002 and were concluded on 30th January, 2002. As a result of the Court Martial proceedings, the verdict of the court was as under."

(3.) Thereafter 'proceedings before sentence' were conducted as a result of which the petitioner was sentenced to suffer rigorous imprisonment for one year and was also dismissed from service. The sentence pronounced by the court was as under: