UNION OF INDIA Vs. YOGENDRA YADAV

JUDGEMENT

(1.) Union of India through Secretary, Ministry of Defence, has directed this special appeal against judgment and order dated 2nd Feb., 1993 passed by a learned Single Judge of this Court who allowed the writ petition of the respondent which was directed against the punishment awarded to him in Court Martial proceeding. In the said proceedings the respondent was charged with wilful disobedience of orders of his superior officer. The Court Martial having found the respondent guilty of the charge imposed the punishment of three months rigorous imprisonment in civil prison and dismissal from service. The respondent preferred statutory appeal under the Army Act, 1950 but without success. The learned Single Judge has not found any flow in the finding of guilt it order by the Court Martial. He has interfered with the punishment on the ground that the same was disproportionate to the offence/misconduct established against the respondent.

(2.) In the appeal the submission of the learned counsel for the Union of India is that the Court Martial proceedings cannot be equated with ordinary trials. According to him, army has its own traditions of discipline end maintenance of the discipline is of utmost importance to ensure security and safety of the country. It is submitted that wilful disobedience of order of the superior officer is a serious offence and misconduct in the army and, therefore, the punishments awarded were not disproportionate to the offence or misconduct established against the respondent. It has been pointed on that the punishments awarded are within the ambit of the punishments prescribed in Sec. 71 of the Army Act.

(3.) The learned counsel for the respondent submits that a person governed by the Army Act is required to obey only Lawful orders of his superiors and he cannot be punished for unlawful orders According to him, the punishment awarded was disproportionate to the offence/misconduct alleged and established against the respondent.