P D YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions arising under the Navy Act, 1957 have been referred to a Full bench for being disposed of alongwith CWP 2813/94, 2866/90 and 4706/94 arising under the Indian Army Act, 1950. We have today delivered one judgment in CWP 2813/94 and another judgment in CWP 2866/90 and CWP 4706/94 taken up together. Those cases arose under the Army Act. As the points in these two writ petitions before us arise under the Navy Act,1957, we are delivering a separate judgment.

(2.) We shall briefly refer to the facts in each of these two writ petitions.

(3.) In CW 402/93, the petitioner is Ex-Lt. P.D. Yadav. He joined the Navy as a Sailor in April, 1965, and was commissioned in October, 1980. He was charge-sheeted in January 1990 and tried by a General Court Martial on 5 charges under Sections 43,47 and 48 of the Navy Act, found guilty of the 2nd, 3rd, 4th and 5th charges and given a sentence of dismissal on 26.2.90. One year and 4 months later, he was given a show cause on 21.6.91 under the statutory Regulations 1964 namely, Regulation 15(2), as to why his pensionary benefits should not be forfeited. Petitioner sent a reply on 24.7.91. The respdents sent a letter on 18.11.91 asking for copies of certain judgments of the Supreme Court. On 10.2.92, petitioner submitted copies of the same. On 7.5.92, petitioner was informed that the action will be taken soon on the show cause notice. As no action was taken, petitioner filed writ petition on 20.1.93. After the filing of the writ petition, an order was passed on 28.3.1994 forfeiting 50% of the pensionary benefits. The said order is questioned before us.