EX ANIL BEHL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the verdicts of the General Court Martial dated 8.11.1990 and 28.11.1990 holding the petitioner guilty of the charges contained in charge sheets No.1 & 3 and also for setting aside and quashing the sentence of cashiering passed by the General Court Martial on 28.11.1990 and executed on 22.4.1991. According to the petitioner the verdicts of the General Court Martial in respect of charge sheets No.1 & 3 are illegal, null and void and therefore, the sentence passed by the General Court Martial is also illegal and void.

(2.) The petitioner was commissioned in the Indian Army on 21.12.1975. The petitioner was promoted to the rank of Substantive Major on 21.12.1986. The petitioner joined 503 ASC Batallion on posting from Agra on 4th December, 1988. On 26.12.1988 the petitioner took over charge as OC 10 Compo Platoon from Subedar Brijender Singh, who was to proceed on annual leave on the same day. On 15.1.1989 the petitioner proceeded on casual leave from 17.1.1989 till 21.1.1989 and left the station to Leh for onward journey. However, on 19.1.1989 a Court of Enquiry was ordered against the petitioner and accordingly the petitioner was called to the Headquarters 114 Inf. Nde. to give his statement in the said Court of Enquiry. The petitioner gave his statement to the Presiding Officer in the Court of Enquiry on 27.11.1989. Since the Court of Enquiry continued to hold its sittings the petitioner was attached to 20 Jat Regiment.

(3.) On 27.5.1990 copies of summary evidence were served on the petitioner. On the same day the petitioner was also served with three charge sheets. In the first charge-sheet 2 charges were levelled against the petitioner. The first charge therein related to committing theft of property belonging to the Government. In the said charge it was alleged that the petitioner alongwith few others named therein committed theft in respect of tea and milk powder weighing 240 Kgs. each of the total value of Rs.15,405.60. The second charge related to a certificate signed by him knowingly the contents of the same to be false statement. In the said charge it was alleged that the petitioner when being Officer Commanding of No.10 Company Platoon rendered a monthly certificate to 503 Bn. that there were no surpluses/deficiencies in respect of supply/POL items held on charge of his Company Platoon while knowing the said statement to be false. There was a second charge sheet relating to committing theft of property belonging to the Government. However, since the petitioner was acquitted in respect of the aforesaid charge it is not necessary to reiterate the contents of the said charge. The third and the last charge sheet served on the petitioner contained only one charge which also related to committing theft of property belonging to the Government. It was alleged that between 14th and 15th January, 1989 the petitioner alongwith others named therein committed theft in respect of 5 items total valuing Rs.19,971.15. Immediately after receiving the aforesaid charge-sheet the petitioner sought for leave to prepare defence or hire the services of a counsel. On 2.6.1990 General Court Martial commenced, which was held at Field at Leh, Ladakh. The petitioner was tried jointly with six other persons. By the verdict of the General Court Martial the petitioner was not found guilty in respect of the second charge sheet but he was found guilty of the charges contained in charge sheets No.1 & 3 and was sentenced for cashiering by the order of the General Court Martial dated 28.11.1990. Being aggrieved by the aforesaid orders the present writ petition has been filed by the petitioner seeking for the aforesaid reliefs.