SANJAY MARUTIRAO PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the Indian Army as a Sepoy in the year 1990. He was promoted to the post of Naik in the year 199495. He was served a chargesheet setting out three charges of misconduct against him on 31.8.1999.

(2.) These three charges were framed against the petitioner under Section 63 of the Act. Section 63 reads thus:

(3.) The said order was brought before the higher authority. The higher authority considered it to be an unreasonably lenient order for the charges that were framed against the petitioner. He considered that the charges were fraudulent in nature. Hence, he issued a show cause notice dated 24.3.2000 to the petitioner disclosing that offences were fraudulent in nature and called upon the petitioner to explain why he should not be discharged from Army service under the provisions of Section 20 of the Army Act, 1950 (the Army Act) read with Rule 17 of the Army Rules, 1954 (the Army Rules). Section 20 and Rule 17 read thus: