R P SINGH VSM Vs. U O I

JUDGEMENT

(1.) IN THIS WRIT PETITION THE PERTINENT ISSUE THAT FALLS FOR CONSIDERATION IS THE AUTHORITY AND JURISDICTION OF THE GOC 11 CORPS, ARRAYED AS RESPONDENT NO.4 BEFORE US, TO ISSUE THE ORDER OF DATED 15TH DECEMBER, 2003 WHEREBY HE ORDERED REASSEMBLY OF THE GENERAL COURT MARTIAL AND REVISION OF THE SENTENCE AWARDED TO THE PETITIONER. WE HAVE NOT BEEN CALLED UPON TO ADJUDICATE UPON THE MERITS OF FINDINGS AND SENTENCE OF THE GENERAL COURT MARTIAL. THEREFORE, WE ARE CONFINING OURSELVES TO THE EXAMINATION OF THE QUESTIONS OF LAW RAISED BEFORE US WITHOUT IN ANY MANNER OPINING OR DECIDING ANY ASPECT RELATING TO PLEAS ON THE MERITS OF THE CHARGES, EVIDENCE, FINDINGS OR SENTENCE, BOTH ORIGINALLY AND UPON REVISION, AS WERE PASSED BY THE GENERAL COURT MARTIAL.

(2.) THE PETITIONER BEFORE US WAS COMMISSIONED INTO2 THE INDIAN ARMY AS A 2ND LIEUTENANT ON 12TH JANUARY, 1969 AND ROSE TO THE RANK OF BRIGADIER. THE PETITIONER WAS COMMANDING THE 35 INFANTRY BRIGADE IN DELHI FROM 9TH MARCH, 1998 TO 19TH OCTOBER, 2000 AND CLAIMS THAT HE IS THE RECIPIENT OF SEVERAL AWARDS. THE RESPONDENTS DIRECTED A COURT OF INQUIRY INTO A COMPLAINT AGAINST THE PETITIONER WHICH CONDUCTED ITS PROCEEDINGS AT DELHI FROM JUNE, 2001 TO AUGUST, 2001. BASED ON THE FINDINGS AND OPINION OF THE COURT OF INQUIRY, DISCIPLINARY ACTION WAS DIRECTED AGAINST THE PETITIONER AND TWO OTHER OFFICERS. THE PETITIONER WAS ATTACHED TO HEADQUARTER, 7 INFANTRY DIVISION ON 14TH FEBRUARY, 2002 FOR THE PURPOSES OF DISCIPLINARY ACTION. THIS RE-ATTACHMENT WAS CHALLENGED BY THE PETITIONER IN A PROCEEDING UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. HIS CIVIL WRIT PETITION NO.1248/2002 WAS DISMISSED ON 28TH MAY, 2002.

(3.) UPON HEARING OF CHARGES UNDER ARMY RULE 22, THREE CHARGES AGAINST THE PETITIONER WERE DROPPED AND SUMMARY OF EVIDENCE WAS DIRECTED TO BE RECORDED ON THE REMAINING 15 CHARGES. BASED ON THE SUMMARY OF EVIDENCE, THE RESPONDENT NO.4 DIRECTED THE PETITIONER TO BE TRIED BY GENERAL COURT MARTIAL FOR 13 CHARGES SET OUT IN THE CHARGE SHEET DATED 10TH MARCH, 2003. THE RESPONDENT NO.4 ISSUED THE DIRECTION OF TRIAL BY A GENERAL COURT MARTIAL VIDE ORDER DATED 13TH MARCH, 2003. THE GENERAL COURT MARTIAL ASSEMBLED AT FEROZPUR CANTONMENT ON 21ST MARCH, 2003 AND SUBSEQUENT DAYS TILL 10TH JULY, 2003. THE PETITIONER WAS ACQUITTED OF SIX CHARGES BUT FOUND GUILTY ON SEVEN COUNTS AND WAS AWARDED A SENTENCE OF FOREFEITURE OF 12 YEARS OF PAST SERVICE FOR THE PURPOSE OF PENSION AND SEVERE REPRIMAND VIDE ITS FINDINGS AND SENTENCE DATED 10TH JULY, 2003. THE PROCEEDINGS OF THE GENERAL COURT MARTIAL WERE THEREAFTER TRANSMITTED TO RESPONDENT NO.4 FOR CONFIRMATION.