R R VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present case the petitioner has approached this Court for quashing of the order dated 25/11/1986 as well as the order dated 17/04/1986 filed respectively as Annexures 7 and 2 to the writ petition. By order dated 17/04/1986 the petitioner was awarded the punishment to suffer rigorous imprisonment for six months in civil jail and to be dismissed from Army service by a summary Court Martial whereas by order dated 25/11/1986 the petitioner's petition filed on 10/07/1986 against the order dated 17/04/1986 was rejected by the G.O.C. Central Command, Lucknow, respondent No. 2.

(2.) Brief facts relevant in the present case are that at the relevant time on 9-8-85 the petitioner was posted as guard in the store of the Military Establishment Central Ordinance Depot, Kanpur (hereinafter called the C.O.D.). The petitioner was charge-sheeted by the officer Commanding of the C.O. D. for committing criminal breach of trust in respect of the property belonging to the Government. It was alleged that while posted at C.O.D., Kanpur on 20/09/1985 at 6.30 hours while returning from guard duty the petitioner connived with L.J. Dwivedi to steal 40 shirts which property belonged to the Government. Similar charge-sheet was served on Narendra Singh, Y.P. Bhardwaj and Mohan Singh Bist guards and J. L. Dwivedi who happened to be the driver of the vehicle in which the petitioner and other guards were sitting at the time of recovery of the shins.

(3.) In the summary Court Martial all these charged persons who faced same charge were asked to plead guilty, whereas the petitioner, Y.P. Bhardwaj and Mohan Singh Bist pleaded guilty- the driver, J. L. Dwivedi and Narendra Singh guard did not plead guilty. The Court Martial awarded 89 days rigorous imprisonment to Y. P. Bhardwaj and Mohan Singh Bist and they were retained in service whereas the petitioner was awarded six months' rigorous imprisonment and was dismissed from service while J. L. Dwivedi and Narendra Singh, who had not pleaded guilty, were awarded one year's rigorous imprisonment and had also been dismissed from service.