R N SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Art. 226 challenging the impugned order of 25-6-8I, by which the petitioner has been deemed to be released from service w.e.f. 17-10-78. The petitioner was charged with respect to two charges, (1) that on 28-7-77 he sent improperly annual Confidential Report form to Brig. Kaul for the purpose of initiation of a fresh report, and, (2) further being an officer behaving in a manner unbecoming of his position and the character expected of him in that on 1-8-77 he improperly sent Rs. 2,500.00 in an envelope to Brig. Kaul.

(2.) The Court-Martial found both the charges proved against him. After the two charges had been upheld by the Court-Martial and when it went for confirmation the C. O S. did not confirm the finding on the first charge but confirmed the finding of the court on second charge namely that Rs. 2,500.00 had been sent improperly by the petitioner to Brig. Kaul. It may he noted that the explanation of the petitioner was that this money was sent because Brig. Kaur had asked for a loan which he had raised from the Bania of the regiment. Apparently this explanation did not find favour either with the G. O. C. or with the confirming authority.

(3.) The petitioner thereafter filed representation under Sec. 11(2) of the Army Act. The order of dismissal which had been passed by the Court Martial was confirmed by the C. O. A. S. however it was modified by the Central Government to one of release from service.