SUBEDRA KASHIMIRA SINGH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THIS is a tale of intrigue one rarely associates with the Armed Forces. But for this Court's intervention, the illustrious career, spanning two decades and a half, of an Army Officer would have been derailed by the machinations of another. That the officer should be forced to repeatedly knock the portals of the High Court, for the honour and recognition which he richly deserves, and for the monetary benefits which he is entitled as of right, is, indeed, a matter of regret.

(2.) THE petitioner, while holding the post of Senior Junior Commissioned Officer (SJCO) of the 6th Battery in the II Training regiment at Hyderabad, was also officiating as a Subedar Major for a period of five months before Subedar Major Waman Akde took charge of the said post on 21. 1. 1987. The petitioner was transferred to Allahabad on 16. 2. 1987 and was required to report thereat on or before 28. 4. 1987. Subedar major Waman Akde, after assuming office, took a hostile attitude against the petitioner and on 3. 3. 1987, while proceeding on leave, handed over charge, of the post of subedar Major, to a person junior to the petitioner, though the petitioner was the senior most in the regiment. Alleging that he was illegally using an electric heater, the petitioner's house was raided during his absence and the quarters allotted to him was directed to be vacated. Only on his representation, was the quarters subsequently restored to him.

(3.) WHILE matters stood thus, Subedar major Waman Akde lodged a complaint to the Commanding Officer alleging that the petitioner was responsible for burning of certain kits and personal items belonging to the new recruits of the 6th Battery of ii Training Regiment, Artillery Centre, hyderabad at 6. 30 a. m. , on 2. 4. 1987. The commanding Officer directed Sri D. P. Chakraborty, the Battery Commander, to investigate into the matter and submit a report. Sri D. P. Chakraborty, after investigation, reported that there was no truth in the complaint despite which the commanding Officer ordered a Court of inquiry under Rule 177 of the Army Rules. The Court of Enquiry was conducted by major V. M. Wadhawan. On the basis of the report of Major V. M. Wadhawan, the commanding Officer directed Sri D. P. Chakraborty, the Battery Commander to march the petitioner under Rule 22 of the army Rules. The petitioner requested for the option of trial by General Court martial, (hereinafter referred to as G. C. M.), and submitted the names of the witnesses to be secured. In the meanwhile the departmental Promotion Board, on 4. 8. 1987, approved the petitioner's name for promotion to the rank of Subedar Major, The petitioner was, however, denied promotion on the ground that disciplinary proceedings were pending against him. Questioning the action of the respondents, in refusing to promote him to the post of Subedar Major, the petitioner filed W. P. No. 3777 of 1988. On 4. 8. 1988, a charge-sheet was issued to the petitioner. On 20. 6. 1988 the Promotion Board again approved his name for promotion to the post of Subedar Major, despite which he was not promoted in view of the pendency of disciplinary proceedings. On 2. 8. 1988, the G. C. M. was convened and, based on the objections raised by the petitioner at the threshold itself, the G. C. M. was dissolved. On 7. 11. 1988, the same commanding Officer again ordered a de-novo enquiry and directed the petitioner to submit his list of defence witnesses. On 9. 3. 1988 the petitioner filed W. P. No. 18200 of 1988 questioning the action of the commanding Officer in ordering a de-novo enquiry. On 14. 6. 1989 the Army Promotion board again approved the name of the petitioner for promotion to the post of subedar Major. The petitioner was, however, not promoted in view of the pendency of disciplinary proceedings. W. P. No. 3777 of 1988 and W. P. No. 18200 of 1988 were dismissed by order dated 21. 10. 1989. On 31. 10. 1989, the petitioner was retired from service. However, on the same day, he was placed under close arrest and the summary of evidence was recorded. On 28. 3. 1990 the G. C. M. was convened and a similar objection, as was raised earlier, was raised by the petitioner. Eventually the G. C. M. was closed on 31. 3. 1990 and it recorded its findings holding the petitioner guilty of the charge. The petitioner was imposed the sentence of reduction in seniority by one year in the rank of Subedar and was administered a severe reprimand. The general Officer Commanding-in-Chief, headquarters, Southern Command, Pune, in his order dated 16. 8. 1990, confirmed the sentence.