GURNAM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was commissioned into the Parachute Regiment of the Indian Army on 2.3.1968. He was tried by General Court Martial and awarded the sentence of dismissal on 16.6.1987. The petitioner was serving at 127 Infantry Betallion (TA) ECO in 1985 till 7.7.86 where one Lt. Colonel O.P. Sindhu was posted as Commanding Officer of Unit under whom the petitioner was serving. It is the case of the petitioner that said Lt. Colonel O.P. Sindhu was misappropriating and committing other irregularities in relation to Government money. The petitioner in his capacity as officiating commanding officer observed that Lt. Colonel O.P. Sindhu had verified receipt of 20,000 Kgs. of G.I. wire valued at Rs. 3,06,000/- and had forwarded the bills for making payment to the supplier whereas no stores had been received on ground in the Unit. The petitioner queried from the Special Project Officer who was responsible for making the payment and also from Lt. Colonel O.P. Sindhu in this regard which resulted in unpleasant exchange of words. Similarly, the petitioner made further queries about three duplicate bills of G.I. wire. On 1.7.86, petitioner submitted in writing his request for seeking an interview with Major General K. L. K. Singh, who was the then Additional Director General, TA. The petitioner was granted audience on 3.7.86 with the said Major General K.L. K. Singh and the petitioner took file Nos. 1209/Accounts and 1209/A from the office to substantiate the allegations of misdeeds indulged in by Lt. Colonel O.P. Sindhu and the SPO. The said audience took place in the presence of Lt. Colonel O.P. Sindhu. Major General K. L. K. Singh (who later on became Lt. General) advised the petitioner to put up a written complaint through proper channel and the petitioner left the room after the audience, leaving said two files containing damaging and conclusively incriminating documents showing indulgence in and commission of fraud on the part of Lt. Colonel O.P. Sindhu. In consequence of the said audience, petitioner submitted a written complaint on 19.7.86 and Staff Court of Inquiry was convened by HQ Sub Area on 24.7.86 against Lt. Colonel O.P. Sindhu.

(2.) It is the case of the petitioner that the two files containing incriminating material against Lt.Colonel O.P. Sindhu, which were shown to Lt. General K.L. K. Singh and left at his office, were taken away by Lt. Colonel O.P. Sindhu after the audience. However, the blame of missing of files Nos. 1209/Accounts and 1209/A was put on the petitioner and that is one of the charges against the petitioner. It was contended by petitioner that utilizing his post as commanding officer, Lt. Colonel O. P. Sindhu obtained a note from Havildar Clerk P.C. Bahuguna that the said two files have been taken away by the petitioner. The petitioner was tried for two charges for failing to return the files and for using criminal force against Major A.S. Randhawa. Following are the two charges :

(3.) The petitioner was tried by General Court Martial in relation of aforesaid charges. The court found that the petitioner was guilty of both the charges.