G S BAJWA Vs. UNION OF INDIA

JUDGEMENT

(1.) Pettioner G. S. Bajwa was commissioned in Indian Air Force on 27-6-1970. He got his substantial post of Flight lieutenant on 27-06-1976. His fourth posting was at Udhampur in the year 1976. At that time Shri Dilbagh Singh was the Air Marshal. It is the claim of the petitioner that some explosives were to be transferred to N.A.L. from Udhampur by 30 Civil Road Transports. But the said" work was not given at one and the same time and it was being undertaken as a piecemeal transport job in case the said work were to be given as a whole for 30 Civil Transports then it would be beyond the jurisdiction of Shri Dilbagh Singh. It is his further claim that in the said Transport Contract some malpractice was being played and Rs. 700 to Rs. 800 were being paid in excess for each trip. Therefore, he made a complaint regarding the same and because of his complaint there was a saving of about Rs. 80.000 but by that act of his. Shri Dilbagh Singh was hurt and, therefore, he instructed his subordinate officers to "fix" the present petitioner.

(2.) It is his further allegation that because of the instructions 'of Shri Dilbagh Singh, Air Marshal, he was illegally and improperly admitted in the Psychatric'ward from 15-6-1979 to 10-7-79 and apain from 22-8-79 to 19-10-79. During this detention in' the psychatric ward. it is claimed by the petitioner, a poisonous substance was also injected in him. Thereafter, he filed writ petitions in the Supreme Court. Later, on 18-06-1982 Wg. Commander S.L. Gupta had issued a.n order asking him to undergo a medical examination by a Medical Board at A.F.C.M.E. on 21-06-1982 for recatorisation of petitioner's last medical category. But the said" order being illegal he had not obeved the same. Thereafter a General Court Martial was held against him charging him for disobeying the said order and committing an. act prejudicial to the good order and Air Force discipline, and thereby committing offences punishable under Section 41(2) and Section 65 of Air Force Act. 1950. The said General Court Martial was conducted illegally and improperly. In proceeding of the said General Court Martial he was denied the legal assistance : he was denied the copies of the day-to-day proceedings, he was denied the opportunity to examine witnesses in his defence and in spite of that the said General Court Martial ordered a sentence of dismissing him from the sen-ice by its order dated 26-06-1983.

(3.) The petitioner had, thereafter, preferred an appeal to the Central Government and his appeal also is dismissed on 14-01-1985 and, thereafter, he has filed the present petition' to get a declaration that the order passed by the General Court Maritial of his dismissal from service is null and void and the petitioner continues to be in service and is entitled to all cosequential benefits, including the higher ranks, emoluments and allowances. He also prayed for getting a declaration to the effect that his detention in the psychatric ward was illegal and that he be awarded suitable compensation in lieu of the same. He also wants a declaration that his arrest on 21-06-1979 is illegal and to award suitable compensation in lieu of the same.