NB SUB AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ petition under Article 226 of the Constitution of India seeks an order of this Court for issuance of a writ in the nature of certiorari or any other writ, order or direction, quashing the order of Confirming Authority passed as a revision order on 20th July, 1984, the judgment 'end order of the General Court Martial in pursuance to the directions given in the aforesaid order whereby the petitioner was sentenced to suffer rigorous imprisonment fo18 months and also ordered to be dismissed from service, announced on 7th A.igbst, 1984 and the order of the Confirming Authority passed second time on 27th November, 1984.

(2.) The petitioner pleads that after certain years in, service, he was selected and promoted as a Junior Commissioned Officer in the rank of Naib Subedar, and had always earned commendatory remarks in annual assessments. It is alleged that while he was posted, in January, 1982 as Platoon Commander of DSC Platoon No. 313 and attached to Engineer Stores Depot, which was under the charge of Major S. K. Verma, respondent No. 6 herein, he incurred the wrath of the said officer because of his having pointed out certain irregularities being committed in the working of the stores by the aforesaid officer, and that while the petitioner was under orders of transfer, he suffered a mishap in his family to the effect that his daughter, aged 1 years received bum injuries, and his wife lost mental balance, and on that account he sought his transfer to a station where there were facility of a hospital equipped with treatment for plastic surgery and on this ground his posting was changed to ABCD Suranass Jullundur where the requisite facilities existed in the military hospital. He pleads that instead of helping him at the time of his domestic crisis, Major S. K. Verma in order to wreak vengeance did not allow the petitioner to proceed to the place of new posting and eventually got him involved in a case which according to the petitioner was totally false and baseless.

(3.) The narrative of facts given in the writ petition reveals that a General Court Martial was convened which held sitting from 12th December, 1983 to 16th February, 1984 and during all this period, the petitioner was forced to remain under close arrest but ultimately the General Court Martial recorded a finding of: "not guilty", byorder dated 16th February, 1984. Copies of the charge sheet, and the order of acquittal are filed with the petition as Annexures 'A' and 'B'. However, the Confirming Authority, who happened to be the General Officer Commanding, impleaded as respondent No. 4, by order dated 20th July, 1984 purported to pass a revision order, but it was in fact a clear direction to the court that had earlier found the petitioner : "not guilty" and had ordered his acquittal, and pursuant to the directions made in this order, the General Court Martial was convened again and by judgment and order dated 7th August, 1984 (Annexure E), the Court reversed its earlier finding on _issue No. 1, and held the petitioner guilty, and imposed punishment :