KULDIP SINGH DUTTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner herein was commissioned in the Indian Army, before independence in the Corps of Electrical and Mechanical Engineers (EME) on 4.5.1947. He continued in the Indian Army after independence as well and rose to the rank of Major. In the year 1968-69 the petitioner was detailed as the Officer Commanding of XV Corps Provost Unit (Military Police), which was deployed in operational/field area of Jammu and Kashmir. His duties included enforcement of military discipline, investigation of certain military incidents and traffic control generally in the military area and during movement of troops for military operations.

(2.) According to the petitioner, he performed his duties very dedicatedly and ensured the same from his subordinates, which was not liked by few of his subordinates. They made complaints against the petitioner which, the petitioner alleges, were motivated. On the basis of those complaints the petitioner was served with charge-sheet dated 11.8.1969. As many as 10 charges were leveled against him under different provisions of the Army Act. Some of these charges were held not proved whereas the General Court Martial (GCM) took place which inquired into the aforesaid charges. As per the findings recorded by the GCM, some of the charges were not proved whereas some chares stood proved. On the basis of the said findings of the GCM, which were accepted by the Convening Authority, the petitioner was awarded the following punishments vide orders dated 27.9.1969:-

(3.) We may note that one of the charges against the petitioner was regarding embezzlement of the aforesaid property of the Government, which was held proved in the GCM. The petitioner, at that time, had completed more than 22 years of service. Qualifying service for the purposes of pension is 20 years as prescribed in Para 25(a) of the Pension Regulations Part I Army.