UNION OF INDIA Vs. CHATTAR SINGH

JUDGEMENT

(1.) THIS is a special appeal filed by the Union of India challenging the judgment of the learned Single Judge whereby the order of dismissal from service relating to the respondent, who is an Ex -Subedar of the Indian Army has been quashed and he has been held entitled to all retiral benefits, which have been made payable within six months.

(2.) THIS court had stayed the contempt proceedings initiated by the respondent for non -compliance of the impugned judgment vide order dated 11.12.2008 till disposal of the appeal. Earlier this petition was ordered to be transferred to the Armed Forces Tribunal, however in view of subsequent judgment of this court, the Tribunal held that it was not maintainable before it, therefore the matter was sent back. Accordingly, the proceedings have continued before this court.

(3.) THE respondent was enrolled in the Indian Army as a Sepoy and was assigned the trade of a Nursing Assistant. In September, 1992, he was posted in Military Hospital, Jhansi and was ranked as a Subedar. In addition to the work assigned to him at the Military Hospital, he was also to supervise the staff attached to the CSD Canteen. Certain irregularities were detected in the accounts of the canteen, for which the respondent was subjected to general court -martial. A charge sheet containing four charges was issued to him on 13.10.1999. In the court -martial proceedings, charges No.1, 2 and 4 were not found proved against him but he was found guilty of charge No.3. Regarding reconciliation of statement for the month of July, 1995 prepared by the accused/ respondent herein, a cash balance of Rs.1,68,947.22 was reflected whereas in fact it was Rs.61499.42 and this discrepancy was known to the respondent but he knowingly made a false statement thereby violating Section 57(a) of the Army Act. Consequently, the respondent was dismissed from service on 20.11.1999, which was confirmed vide order dated 28.08.2000. The statutory appeal of the respondent against the dismissal order was dismissed on 13.11.2001. The aforesaid orders were challenged by him by means of Writ Petition No.25739 of 2002. The said writ petition was contested by the appellants herein by filing a counter affidavit. The learned Single Judge, vide his judgment dated 23.02.2005 has allowed the writ petition of the respondent quashing the impugned orders and directing the appellants herein to pay the post retirement benefits to the respondent. Being aggrieved this appeal has been filed by the employer.