JIT PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri G. D. Mukherjee, learned Counsel for the Petitioner and Sri Shishir Kumar, learned Counsel appearing for the Respondents, at length and in detail.

(2.) By means of Instant writ petition under Article 226 of the Constitution of India, the Petitioner, a Lieutenant Colonel belonging to the Army Supply Corps of the Indian Army, seeks to challenge the order dated 23rd September, 1993 (Annexure '15' to the petition) passed by the Lt. General Officer Commanding I Corps, Mathura whereby he has been directed to be tried by a General Court Martial.

(3.) The Petitioner was posted as Administrative Officer at Mathura. During the period between 10th July, 1991 and 13th March, 1993, there were complaints against him regarding financial Irregularities relating to reimbursement of medical bills and claims pertaining to night duty allowances. On the basis of these complaints, a Court of Inquiry was constituted for investigating the complaints. The Court of Inquiry, it appears, found substance in the allegations against the Petitioner. This was followed by a charge-sheet dated 21st September, 1993, a true copy whereof is Annexure CA-1 to the counter-affidavit filed on behalf of the Respondents, and also passing of the impugned order dated 23rd September, 1993. The charge-sheet along with the impugned order was served on the Petitioner on 4th October, 1993 and he was put in close arrest.