S S SHEKHAVAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner a Commissioned Officer of Indian Army promoted to the rank of Lt. Col. was served with a charge sheet dated 15. 5. 1997 containing five charges alleging supply of unhygienic meat to the troops and management by mixing water in the carcasses. The charge sheet read as under:-

(2.) THE petitioner was tried by a General Court Martial (for short GCM), which exonerated him of all the charges by holding him "not Guilty". The confirming Authority instead of confirming the report exercised its right of revision under Section 160 of the Army Act (hereinafter "act") and remanded back the matter to the GCM with certain directions. On remand the GCM recorded additional evidence and examined some more documents. However vide order dated 9. 3. 1999 the GCM reiterated its earlier stand and again declared the petitioner "not Guilty" of all the charges. The respondents again decided not to confirm the report of GCM and issued a notice to the petitioner to show cause, as to why administrative action to convey appropriate censure of the GOC in C be not taken against him. The petitioner sent a reply objecting to the proposed action yet the respondents awarded him Censure of "severe Displeasure (recordable)" vide order dated 8. 11. 99.

(3.) THE petitioner pleads that such a course of action was not available to the respondents having no sanction of law and was a time barred action. It is also his case that the aforesaid punishment came in the way for his promotion to the rank of Lt. Colonel which was delayed considerably. A petition filed by the petitioner challenging the aforesaid action under Section 164 (2) of the Army Act was rejected by the Competent Authority vide order dated 22. 7. 2003. Hence the petitioner filed the present writ petition with the following prayers: