FLYING OFFICER S SUNDARAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner S. Sundararajan who is undergoing a term of imprisonment in Central Jail Kanpur as a result of his conviction by a General Court-martial on charges of criminal mis-appropriation of monies belonging to the Ait Force Public Fund Accounts, moved this petition for a writ of habeas corpus under Article 226 of the Constitution and Section 491 Criminal Procedure Code, 1898 through his wife Shrimati Saraswati on the ground that his detention and conviction are illegal.

(2.) When Rule nisi was issued by the Motion Bench the petitioner's counsel had cited an un-reported decision of the Supreme Court in Som Datt Datta v. Union of India (Writ Petition No 118 of 1968) decided on September 20, 1968 (1). The case was therefore ordered to be heard by a full Bench of three Judges. That is how the case was laid before us.

(3.) The petitioner's allegations broadly are that he was working as Senior Accounts Officer at No. 4 Base Repair Depot Air Force, Kanpur since June 1966 under the command of Group Captain A. S. Srivastava. During the course of his employment in the said depot some defalcations came to light whereupon the authorities ordered two Courts of Enquiry to be assembled. The reports submitted by the Courts of Enquiry held Group Captain A. S. Srivastava to be responsible for irregularities in accounts. However on 15-6-1968 the petitioner was served with a charge-sheet consisting of 31 charges alleging criminal misappropriation of various sums of money totalling Rs. 29,000 by him.