UNION OF INDIA Vs. RAM PAUL SINGH DAHIYA

JUDGEMENT

(1.) On a complaint made by Capt. I.S. Dalal, a Staff Court of Inquiry was ordered against Lt. Col. V.R. Kochhar, the Commanding Officer, on 14th September, 1974. In the Staff Court of Inquiry, Capt. I.S. Dalal appeared as a witness and statement of Major Ram Paul Singh Dahiya was also recorded. In that very Inquiry, certain allegations of misconduct made against Major Bhagirath Singh, also came to the notice. In the Inquiry conducted against Lt. Col. V.R.Kochhar, the Commanding Officer, Lt. Col. V. R. Kochhar was administered "severe reprimand (to be recorded)".

(2.) Inspite of inditing the Commanding Officer, proceedings were initiated against all the three other officers, named above.

(3.) Against Major Bhagirath Singh, notice was issued under Section 19 read with Rule 14 of the Army Rules, 1954 and on a consideration of the reply, the Chief of Army Staff recommended to the Central Government for his removal from service and vide order dated 11th October, 1976, he was removed from service without holding any Court Martial or trial. He challenged that matter by filing a writ petition. No. 50 of 1977, in this Court. That writ petition was allowed by a learned Single Judge and the Union of India's Letters Patent Appeal was dismissed arid ultimately in Civil Appeal No. 1032 of 1987 decided on 20th October, '1989, this Court's orders were maintained by the apex court with the result that the order of removal from service stood set aside. His case was primarily decided on the basis that there was arbitrariness in not giving reasons for dispensing With the Court Martial or denying opportunity to the official to prove innocence. It was concluded that although the order need not mention the reasons, but it was their duty to provide reasons .to Court and none were provided to the Court.