A.N. JEGANNATHAN (DECEASED), Vs. THE UNION OF INDIA (UOI), REPRESENTED BY THE CHIEF OF THE ARMY STAFF, NEW DELHI,

JUDGEMENT

(1.) This writ petition was filed for issue of writ of certiorarified mandamus to call for the records in Proceedings No.C/03052/AG/DV -2, dated 15/8/1993 and quash the same.

(2.) This writ petition was filed originally by one A. N. Jegannathan who was an officer in the Indian Army. During the pendency of the writ petition, he died and therefore, his wife and children were brought on record as legal representatives of the petitioner.

(3.) The said A. N. Jegannathan joined Indian Army in the year 1965 as Second Lieutenant. Thereafter, he was promoted in course of time and in the year 1987, he was appointed as Commanding Officer in Coimbatore. While he was in service, he received several awards and certificates of merit. While so, the third respondent prepared a charge sheet and seven charges were framed; three charges under Sec. 52(C) of the Army Act and two under Sec. 63 of the Army Act and two under Sec. 52(F) and in the alternative to the 6th charge, seventh charge under Sec. 63 of the Act were framed. All the charges were based on the alleged offence of committing breach of trust in respect of properties belonging to the Military Institution. The General Officer, Commanding, ordered the matter to be dealt by the General Court Martial; on 15.5.1992, the Presiding Officer and four other officers were appointed. Petitioner's objection regarding the jurisdiction of the Court Martial was ruled out. Thereafter, he filed a writ petition before this Court for issue of writ of prohibition against the respondents from proceeding the enquiry, but that was dismissed. Thereafter, enquiry was not conducted properly and the witnesses were not competent to depose against the petitioner. On 16.6.1992, the Court Martial held the charges proved; the evidence relied upon by the Court Martial were inadmissible and some were vague. Thereafter on 19.6.1992, a statement about the character of the petitioner in the Military Service was given in which his services were commended upon and it was stated as exemplary. He submitted a Mercy Petition also on the same day. But without considering that, award was passed dismissing the petitioner from service. Thereafter, he filed a petition to the Confirming Authority on 20.6.1992, but that order was confirmed on 29.8.1992. Thereafter, he filed an appeal under Sec. 164(2) of the Army Act; that was rejected by the Court Martial by a single line order without giving any opportunity and without any reason whatsoever. The first respondent is duty bound to pass a reasoned order. Aggrieved by that, the present writ petition has been filed.