ANURAG PATHAK Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was a Company Commander at Bhatinda, Punjab in 236 Engineer Regiment in the years 1991-93 and his Confidential Reports during the said period showed him to be an Officer of integrity, efficiency and reliability. He was assigned foreign posting at Bhutan in the Border Road Organisation, Project Dantak on independent command as an Officer Commanding 60 Road Construction Company under 19 BRTF (Border Road Task Force) from 1993-96. After this assignment the petitioner came to be posted as an Instructor in the Faculty of Civil Engineering in the college of Military Engineering at Pune and in March 1998 he was called upon to record the summary of evidence of an enquiry. On reaching Bhutan he was orally informed that on some payment vouchers, his thumb impression was found superimposed on the thumb impression of the casual labourer to whom payment was made during his tenure at Bhutan during 1993-96. He submitted an explanation and his summary of evidence came to be recorded immediately. Thereafter in March 1998 a Court Martial was ordered against him and charges were framed on 18/7/1998 for the offences under Sections 52(f) and 57(a) of the Army Act, 1950. The General Court Martial convicted the petitioner for the first and the fifth charge i.e. under Sections 52(f) and 57(a) of the Army Act, 1950 on 11/8/1998 and on the same day after hearing, he was sentenced to be dismissed from service. This order of conviction and sentence was submitted for confirmation to the General Officer Commanding-in-Chief, Eastern Command who by his order dated 16/2/1999 was pleased to confirm the findings of conviction and sentence but commuted the sentence of dismissal awarded by the Court Martial to the following :

(2.) This petition filed under Articles 226 and 227 of the Constitution impugns the said order of conviction and sentence.

(3.) The charges proved against the petitioner, as per the General Court Martial and confirmed by the General Officer Commanding-in-Chief are as under: