RAM MURTI WADHWA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Facts The appellant was a member of the armed forces. At very early stage he chose a military career for himself in life. He was recruited as a boy in the army on July 27. 1948. On May 13, 1963, he was commissioned in the army medical corps as a second lieutenant. In due course of time he rose to the rank of a captain. In that position he was confirmed on May 13, 1970.

(2.) On November 11, 1968, the appellant was working in the post of an assistant administrative officer in the Armed Forces Medical College at Pune. The college has two divisions. One consists of the troops, that is. the defence personnel. The other is a civilian establishment. The appellant was working in the civilian establishment of the college which was under his charge. There were certain allegations of mismanagement against him. He was charged with having made payments to certain fictitious persons and making false entries in the monthly pay bills with an intent to defraud the Government. He was tried before a general court-martial. He was found guilty. The sentence of dismissal from service was passed against him which was finally upheld by Chief of Army Staff. As a result he was dismissed from service.

(3.) On October 22, 1973, the appellant brought a writ petition under Article 226 of the Constitution. He prayed for a writ of certiorari claiming that the findings of the general court-martial dated July 20, 1972, be quashed. He further claimed a writ of mandamus directing the respondents. Union of India and the Chief of Army Staff, to reinstate him in service.