M.P. VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the findings and sentence of the Court Martial. In the aforesaid Court Martial proceeding the petitioner was sentenced to undergo simple imprisonment for one year, dismissal from the Naval service and imposition of a fine of a sum of Rs. 6,91,700/ -. A charge sheet was also issued to the petitioner listing therein 17 charges, mostly relating to acquisition of wealth disproportionate to his known source of income, namely, salary. One of the pleas which was raised by the petitioner during the Court Martial proceedings, as also in this writ petition, is that the petitioner is not subject to the provisions of the Navy Act and has ceased to be a Commissioned Officer or Officer within the meaning of Section 3(5) read with 3(16) of the Navy Act, 1957. It was submitted that in that view of the matter, the trial of the petitioner by Court Martial ordered by the respondents is illegal, improper and in contravention of the provisions of Section 80 of the Navy Act.

(2.) WHILE issuing notice on the aforesaid writ petition this Court took notice of the aforesaid pleas which were raised, challenging the legality of Court Martial proceedings on the ground that the petitioner is not amenable to any proceeding under the Navy Act and an interim order was passed staying operation of findings and sentence of the Court Martial on 31st May, 2004 The said interim order was however reconsidered on the basis of the prayer made by the respondents, after which a modified order was passed on 24th March, 2005 directing that only the operation of the sentence of the petitioner would remain stayed till the next date.

(3.) THE petitioner retired from Naval service on superannuation on 30th September, 2000. He was re -employed in the Indian Navy on 1st October, 2000 on contract basis. The aforesaid reemployment of the petitioner in the Indian Navy on contract basis was extended subsequently. While the petitioner was working with the Navy, a charge sheet was issued against him listing therein 17 charges, all of which are related to acquisition of assets disproportionate to his known source of income, namely, salary, for which he could not satisfactorily account for. The petitioner was therefore charge sheeted under Section 13(1)(d) of the Prevention of Corruption Act, 1988 read with Section 13(2) of the said Act and Section 77(2) of the Navy Act, 1957. In the Court Martial proceedings the petitioner raised an objection that he was not amenable to the Navy Act and, therefore, his trial could not place through Court Martial. The aforesaid issue was considered and the same was rejected by the Court Martial. On completion of the aforesaid proceedings, the Court Martial submitted their conclusions finding the petitioner guilty of the charges and he was sentenced to rigorous imprisonment for one year, dismissed from service and fined a sum of Rs. 6,91,700/ -.