JAI PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arises for consideration in this Writ Petition is whether trial by General Court Martial by issuing Proceedings in letter No.211031/ASA/JP/DV, dated 24-3-2007, by the 2nd respondent, is barred by limitation of 3 years as prescribed by Section 122 of the Army Act,1950 ?

(2.) Learned counsel for the petitioner stated that on the basis of a report dated 8-6-2004 stating that the petitioner has misused two railway warrants issued in the name of respondents 8 and 9 and also he misappropriated the imprest amount of Rs.13,000/- in the absence of the 9th respondent. This was the sum and substance of the charge against the petitioner. It is his contention that as soon as a report is made on 8-6-2004, the limitation of 3 years commences on that day and, therefore, order for assembling of General Court Martial on 24-5-2007 is barred by limitation. In support of his contentions, learned counsel relied upon the decisions in RADHA KRISHAN v. UNION OF INDIA and UNION OF INDIA v. HARJEET SINGH SANDHU. In RADHA KRISHAN's case (1 supra), the Apex Court held as under:

(3.) In UNION OF INDIA v. HARJEET SINGH SANDHU (2 supra), it was held by the Apex Court as under: