SAHAB DAYAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition under Article 22 of the Constitution of India is to the findings and sentence imposed on the petitioner by the District Court Martial, as confirmed by respondent No, 3 who was the Convening Officer and the Disciplinary Authority.

(2.) The petitioner was posted as a Sergeant at the Air Force Station at Sambra in the State of Karnataka in the year 1960. On 31st August, 1973 an incident occurred wherein it was alleged that the petitioner slapped and abused one Shri Milap who was holding a higher rank than the petitioner, A Court of Inquiry was ordered to go into the said incident. The said Court completed its proceedings and gave its report to the Authorities.

(3.) On the basis of the aforesaid report of the Court of Inquiry, two charges were framed against the petitioner by his Commanding Offieer (respondent No. 5). Summary of evidence was thereafter recorded on 14th and 15th September, 1973. The said charges along with summary of evidence are stated to have been forwarded by respondent No. 5 under Rule 25 (2) of the Indian Air Force Rules, 1969 (hereinafter referred to as the said Rules) to the superior Air Force Authorities. On 26th October, 1973 two orders were issued. The first order was under Rule 43 (1) ordering that the petitioner should be tried by District Court Martial on the charges mentioned therein and the second order was under Section III of the Air Force Act read with Rule 43 (3) of the Rules convening the District Court Martial for the trial of the petitioner. In the second order, respondent No. 6 was appointed as the Presiding Officer and the other members of the Court were also specified. Both these orders were signed by Wing Commander R. O. Lakin "For Air Vice Marshal, Air Officer Commanding-in-Chief, Training Command, IAF".