NAIK RAVI PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was subjected to District Court Marshal and awarded punishment of dismissal by order dated 15.6.1988, contained in Annexure-4 to the writ petition along with two other punishments viz., six months imprisonment and reduction in rank. The appeal thereof also stood dismissed by order dated 2.6.1989, contained in Annexure-7 to the writ petition. These orders are under challenge in the present writ petition.

(2.) Mr. G. D. Mukerjee, learned counsel for the petitioner has challenged the order on several grounds. Relying on Rule 31, he submitted that charge-sheet is to be issued by the Commanding Officer whereas in the present case the same has been signed by the Administrative Commandant who is in the category of other such officers and is not a Commanding Officer. Therefore, the charge-sheet being invalid the whole proceeding is vitiated and is liable to be struck off. He secondly submits that there has been an infraction in compliance of Rule 22 of the Army Rules in the framing of charges and in deciding that the disciplinary proceedings should be proceeded with.

(3.) In elaborating his said contentions, Mr. Mukherjee led me through various sections, rules and regulations of the Army Act, Army Rules and Army Regulations which shall be dealt with at appropriate stage. He also relied on a few decisions cited at the Bar which shall be dealt with subsequently.