CAPTAIN J S SIDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Capt. J. S. Sidhu, who has been promoted as a Major during the pendency of the petition has challenged the order of General Officer Commanding, 23 Mountain Division convening a Summary General Court-Martial which court after trial sentenced him to forfeiture of five years' past service for the purposes of the promotion as well as tor the purposes of pension and "increased part". The findings and sentence of the Summary General Court-Martial were duly forwarded by the convening officer to the higher authority namely, General Officer Commanding, IV Corps for confirmation. However, by order dated the 13th March, 1973, that authority recommended that those findings be confirmed by a superior authority. The superior authority i.e., the General Officer Commanding. Eastern Command, while confirming the conviction by the Summary General Court-Martial, reduced the sentence from five years forfeiture of past service to that of two years.

(2.) The petition dated 1st May, 1973 of the petitioner against the findings and sentence was considered by the Army authorities as a representation under section 164(2) of the Army Act (hereinafter called 'the Act'). After its rejection by the Chief of the Army Staff vide order, copy Annexure 'D' to the writ petition, the petitioner led the present writ petition.

(3.) It is not necessary to go into the details of the procsedings of that Court-Martial. It is not even necessary for decision of his petition to notice the charges on which the petitioner was tried.