KUNHIKANNAN Vs. ADJUTANT GENERAL

JUDGEMENT

(1.) The prayer in the writ petition is for quashing Ext. P3 order dated 3-8-1977 passed by the first respondent, Adjutant General, Personnel Services Directorate, (PS. IC) Army Headquarters, New Delhi directing the Superintendent, Central Jail, Jammu to inform the petitioner who at the time of the filing of the writ petition was an ex service man that his appeal petition was rejected. Alternatively it is prayed that there might be a direction to the first respondent, Adjutant General to furnish the petitioner a copy of the grounds of rejection, if any, of his petition Ext. P2. There is a further prayer that the first respondent might be asked to consider his appeal petition Ext. P2 a fresh and pass fresh orders. Ext. P1 is the finding of the Court Martial held on 9-2-76 whereunder the petitioner was sentenced to rigorous imprisonment for two years and dismissal from service. Ext. P2 is the copy of the memorandum of appeal presented by the petitioner to the Chief of the Army Staff, Army Head quarters, New Delhi. Ext. P3 is the order by which the first respondent disposed of Ext. P2 appeal petition.

(2.) Counsel for the petitioner submitted that in disposing of an appeal filed by the petitioner invoking provisions of S.164(2) of the Army Act, 1950, the first respondent ought to have given reasons for rejecting the appeal.

(3.) I do not think that the appeal under S.164(2) of the Army Act, 1950 was to be disposed of by a detailed order giving the reasoning in support of the conclusions reached. What is provided for in sub-s.(2) of S.164 is as follows: