MAJOR MIMA GYALTSEN ARTILLERY CENTRE GOLCONDA HYDERABAD Vs. COMMANDING OFFICER DY COMMANDANT ARTILLERY CENTRE GOLCONDA

JUDGEMENT

(1.) Heard. We do not propose in this appeal to enter into the fact or to go into the question whether a general Court martial of the appellant herein is warranted on the facts of the case or there is any mistake or malice involved in the constitution of the court martial. We also do not propose to go into the contentions of the parties beyond takingnotice of the fact that in our opinion the Writ Petition itself is premature.

(2.) While it is necessary for all concerned to ensure that proceedings in accordance with law are permitted, particularly in the Forces where discipline and exemplary character are of utmost importance it is also necessary, in our opinion, to ensure that proceedings are conducted fairly and without any trace of illegality, violation of principles of natural justice or of any law or the right of the delinquent against whom the proceedings is proposed and/or being held. Why the appellant has been subjected to a proceeding is spelled out in the charges levelled against him. Whether the charges are true or not can be decided only after the proceeding is held. In course of the proceedings the delinquent officer i.e., the appellant herein shall get opportunity to demonstrate that charges levelled against him are not true or are not proved and also that enquiry is vitiated on account of some legal infirmity.Before the proceedings, it cannot be said that any wronghas been done to the appellant. Learned single Judge has committed no error in refusing to grant any stay of the court martial proceeding.

(3.) We have, however, heard learned counsel for the appellant and felt some concern for the matter that has arisen, allegedly, on a complaint filed by the appellant against the 2nd respondent herein. No disciplinary authority can ignore a complaint of serious nature and thus ignore misdemeanours of the officers without there being a careful scrutiny and examination of the allegation and the effect upon the force of the allegations against any officer. We cannot but feel strongly that the appellant may have a sense of frustration that he is discriminated and treated harshly because he has brought some allegations against another officer.