MAHIPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of theConstitution of India has been filed for issuance of a writ in the nature ofMandamus and Certiorari for directing the respondents to take back the petitionerin service by declaring the Summary Court-martial proceedings and the resultantimpugned order dated 24/11/1988, by which the petitioner was sentencedlo be reduced in the ranks, to be dismissed from service and to suffer R.I. for sixmonths as-invalid and for quashing the same.

(2.) The facts, briefly stated, are that the petitioner was enrolled on 28/02/1976 and was promoted to the rank of Havildar with effect from 1/01/1984.He was posted on transfer to the Zonal Recruiting Office (for short Z.R.O.) Jabalpuron 9/09/1984 and continued to serve there till 5/08/1987. He wasthereafter posted to No. 27 Air Defence Regiment (for short 27 A.D. Regiment). Thepetitioner was called from 27 AD Regiment on alleged attachment to HQ.,Recruiting Zone, Jabalpur where he continued till the date he was removed fromthe Army by order dated 24/11/1988, as a result of conviction by theSummary Court-martial. On reaching Jabalpur he came to know that there weresome allegations against him and impugned disciplinary proceedings were contemplated to be initiated at Head Quarter Recruiting Zone. The petitioner wasserved with the "Tentative Charge Sheet" dated 22/09/1986, and the samereads as follows:

(3.) The reading of the charge-sheets as referred above, would indicate that thefirst charge sheet was issued to the petitioner under the provisions of Section 69 ofthe Army Act,1950, (hereinafter called "the Act"), which was subsequently amendedto Section 63 in the second, third and fourth charge sheets. In the last charge sheetof 16/11/1988, the word "Tentative" was removed and it was only termedas charge sheet. The proceedings took place in respect thereof. The petitioner washeld not guilty of the third charge but was held guilty of the first, second and fourthCharges and was sentenced to six months R.I., reduction to ranks and dismissalfrom service. The Confirming Authority by order dated 27/12/1988, furtherset aside the findings of the Summary Court-martial with regard to the secondcharge as well, and endorsed the findings in respect of other two charges. TheCentral Government vide order dated 5/04/1990, upheld the' findings andsentence of Summary Court-martial (SCM) and rejected the plea of the petitioner.