SUBHENDU SEN VSM Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner has questioned the legality and validity of the findings of General Court-Martial as confirmed by the General Officer Commanding in Chief, Southern Command (3rd respondent) on the ground that the findings are contrary to law and evidence on record, biased and mala fide .

(2.) The petitioner had passed MBBS from Calcutta University in the year 1967. He joined Army Medical Corps in the year 1969 and was commissioned in the Indian Army on 23-7-1969. He rose to the rank of Lieutenant Colonel in Indian Army.

(3.) On 10-11-1993 he was charge-sheeted for the following acts of misconduct: (1) That the petitioner dishonestly misappropriated a sum of Rs.51,400.00 belonging to the persons subject to Military Law while he was working as Commanding Officer 2089, Field Ambulance at Kamptee; (2) That he dishonestly misappropriated a sum of Rs.74,641.55ps. belonging to the CSD Canteen during the period 22-6-19911022-11-1992; (3) That he dishonestly misappropriated a sum of Rs.5,684.00 belonging to the non CSD canteen; and (4) That he absented without leave from 8-2-1993 to 74-1993.The first three charges were framed under Section 52(b) and the 4th charge was under Section 39(a) of the Army Act, 1950.