NAR BAHADUR GURANG Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order of dismissal dated 20.4.1981 passed by the General Officer. Commanding-in-Chief, Central Command. Pune--respondent No. 2.

(2.) The disciplinary proceedings were initiated against the petitioner. The allegation against him is that he was present in the Unit lines at about 18.00 hours on 8.10.1979 when Subedar Bhim Bahadur Rana brandishing a naked Khukri in the Unit Lines delivered certain inflamatory speeches and instigated the Unit personnel to mutiny and consequent to the above inflamatory speech by him, the Unit personnel mutinied at about 22.00 hours on that day and indulged in wanton destruction of the Officers mess and Officers property. The petitioner was present at that time.

(3.) The General Officer Commanding in 11th infantry Division. C/o 56-APO-respondent No. 3 issued a show-cause notice indicating the charges against the petitioner. The basic charge against the petitioner was that he was present when Subedar Bhim Bahadur Rana with a naked Khukri delivered the inflamatory speech inciting the Unit personnel' to mutiny and the petitioner was also present when the Unit personnel actually committed mutiny at 22.00 hours on the same day. The petitioner, inspite of being physically present, failed to either report to his superior officers in the Unit or at Bde HQ that the men were being incited by Subedar Bhim Bahadur Rana to mutiny, or take action to suppress the mutiny.