RAMESHWAR MAHTO Vs. COMMANDING OFFICER

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE applicant was enrolled in the Army on 12.3.1966 and w.e.f. April, 1970 he was mustered as a Driver. While working as Motor Transport Driver in 504 Army Supply Corps Battalion attached to the 4th Mountain Division at Chaitham Lines, Allahabad, he was detailed for Regimental police duty to prevent pilferage of Government property belonging to the 4th Mountain Division. During his duty on 23.1.1984 he noticed Major A.P.E. Kutty, Subedar J.N. Rai and Havaldar Amar Singh and other military personnels carrying away three jerricans of petrol and 100 liters of diesel and he immediately reported the matter in writing to the commanding officer. Despite all sorts of third degree method adopted to withdraw his complaint against Major Kutty and others he refused and this became the reason for the wrath of the C.O. who charge sheeted him for making a false report against Major Kutty, Subedar J.N. Rai and Havaldar Amar Singh. After summary Court martial he was sentenced to three months rigorous imprisonment and dismissed from service vide order dated 13.3.1984. The said decision was subjected to challenge in Writ Petition No. 479 of 1985 before this Court with following prayers:

(3.) NOT content, the Army through The Union of India, Ministry of Defence, The Chief of Army Staff, The G.O.C. 4th Mountain Division and Commanding Officer filed Special Appeal No. 150 of 1991 and a Division Bench of this Court upheld the judgment and dismissed the appeal with costs vide order 7.11.1992. However, the judgment was not complied forcing him to file a Contempt Petition No. 1363 of 1993 where a plea was taken that the applicant had superannuated during pendency of the writ petition, and thus it was finally disposed off vide order dated 22.11.1994 directing the opposite parties that in case the applicant has reached the age of superannuation there cannot be reinstatement but he will be entitled to all pensionary benefits.