LAWS(DLH)-2007-4-59

NO 627366 A J Vs. UNION OF INDIA

Decided On April 20, 2007
NO.627366-A J.W.O. RS Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner, a Junior Warrant Officer, with a little more than 24 years of service in Air Force, was tried by the General Court Martial on the following three charges:

(2.) The petitioner pleaded guilty to all these three charges before the court martial and based upon his confession of guilt, he was convicted by the court martial and following sentences were passed against him vide order passed by the court martial on 2.3.2006; (a) To suffer Rigorous Imprisonment for three months. (b) To be dismissed from the service and (c) To be reduced to the ranks.

(3.) The above sentences imposed by the court martial upon the petitioner were confirmed by the superior authority and after the same were confirmed it was promulgated on 1.4.2006. Thereafter on 6.4.2006 the petitioner filed a statutory petition under Section 161(2) of Air Force Act, 1950 before the Chief of Air Staff and prayed for reducing the punishment alleging that the punishment awarded by the court martial was disproportionate to the gravity of the offence proved against him. The said statutory petition of the petitioner was dismissed by the Chief of Air Staff vide order passed on 13.6.2006. The reasons for dismissal of the statutory petition given by the Chief of Air Staff as contained in the order dated 13.6.2006 are to the following effect:-