RAVENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined Indian Army in the year 1979 as an Engineering Graduate. In 1996 he was posted as Officer Commanding of Station Workshop EME at Belgaum, North Karnataka as Lt. Col. At that station, other units including Maratha LIRC commanded by Brigadier S. P. Sharma, (SM) was also stationed. One Col. C. D. Sawant was the Dy. Commandant of the Maratha LIRC. In July 1997 Government of India decided to disband the Station Workshop EME Belgaum and the responsibility to sell off the regimental properties was placed upon the petitioner. Auction of the Regimental Property took place on 16.3.98. A unit namely EME Cell Belgaum was raised in place of the workshop which was also placed under the command of the petitioner. The property of the EME Cell was also disposed of by an auction held on 24.3.1999 in terms of the decision taken on 19.3.99. A final audit of the regimental fund account was submitted on 30.3.1999 signed by all the board members and countersigned by the petitioner.

(2.) It is the case of the petitioner that Col. C. D. Sawant (SM) was inimical to the petitioner and has falsely implicated him in this case. Soon after Major A.K.Singh raised objections, Col. Sawant ordered a Court of Inquiry by appointing his battalion officer Lt. Col. G. C Chohan OF 8 Maratha LI as its Presiding Officer. During the Court of Inquiry the petitioner was attached to Station Head Quarter, Belgaum even though his unit the EME Cell stood disbanded on 31.3.1999 and ceased to exist. It is stated that his movement for next posting to Nagaland was delayed even though he was not connected with the Court of Inquiry. He was allowed to join to his next posting after the conclusion of the Court of Inquiry on 10.8.1999 to 310 Field Station Workshop EME (Nagaland).

(3.) It is also his case that no one deposed against him during the aforesaid C O I. However, vide letter dated 2.2.2000 signed by Brig. S. P. Sharma, the Station Commander, the petitioner was asked to make good a loss of Rs.63924/- of the Regiment fund of the Ex-EME Cell Belgaum by alleging that the said amount had been misappropriated while disposing off the properties of the Regiment. The petitioner was also attached to Maratha LIRC for finalization of disciplinary case against him, on 30.01.2000 and on the same day he was also informed that Lt. Col. Satbir will record the summary of evidence who also happened to be from Maratha LIRC. It is stated that hearing of charge was done by Col. C. D. Sawant even though he was not his Commanding Officer without any prior verbal or written notice contrary to the provisions of Army Rule 22 in a very intransparent and surreptitious manner. It is alleged that the provisions of Army Rule 180 were also not complied with. Petitioner further alleged that during recording of summary of evidence he was harassed and made to wait and sit in isolation. The petitioner claims to have objected to the malpractices adopted by Col.C.D. Sawant vide his letters dated 8.4.2000, 11.4.2000 and 17.4.2000.