MAJOR MANJEET SINGH AHLUWALIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was serving as a Major (Substantive) in 116 Medium Regiment attached to 18 Field Regiment in regular Indian Army on permanent commission. The said Regiment was detailed in the month of Oct/nov 1982 in village Ramsar, district Barmer (Rajasthan) for exercise. At that time, the petitioner was officiating as the Commanding Officer of the Regiment. On the basis of complaints received by the Police about stealing of Goats and Sheeps belonging to villagers of that area, a court of enquiry was held and a chargesheet was issued to the petitioner containing five charges. Two of them were under section 69 of the Army Act 1950 (hereinafter referred to as Act) while the rest three were under Section 63 of the Act. In fact, some of the Goats/sheeps stolen were sold which were apprehended by the Police after the Complaints were lodged and were even identified by the owners. The petitioner was thus sent for trial by a General Court Martial (for short GCM) convened by the GOC of the area.

(2.) THE Charge sheet served upon the petitioner reads as under: <FRM>JUDGEMENT_2174_ILRDLH17_2008Html1.htm</FRM>

(3.) THE petitioner pleaded not guilty to the charges. A complete trial was held in which the petitioner fully participated by cross examining the witnesses and also by leading defence and was held guilty of all the charges except the first one. The GCM sentenced the petitioner with the punishment of "cashiering" from service and also to undergo Rigorous Imprisonment for two years. Pre-confirmation petition of the petitioner dated 12. 12. 1983 against the verdict of the GCM was rejected on 16. 5. 1984. The findings and sentences awarded by the GCM were confirmed but the unexpired portion of the sentence of two years rigorous imprisonment was remitted. Thereafter the remaining sentence was promulgated. The petitioner also submitted a post-confirmation petition under Section 164 (2)of the Army Act on 4. 1. 1985 as well as a supplementary petition/appeal on 21. 6. 1985 addressed to the Defence Ministry through the Secretary, Ministry of defence, against the decision of the GCM as well as the rejection of pre confirmation petition which were also rejected vide order dated 9. 1. 1986. Thereafter Chief of Army Staff also ordered penal deductions to the extent of 50% of the pay and allowances of the petitioner under Section 90 (b) of the Act.