HAV. TEJBALI SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order shall dispose of (i) Writ Petition No. 1101/90 and (ii) W.P. No. 1102/90. The facts in both the cases are similar. Learned counsel for the parties are agreed that decision in one petition would be equally applicable for the disposal of other Writ Petition also.

(2.) As such, facts have been taken from Writ Petition No. 1101 of 1990. The petitioner was a member of the Indian Peace Keeping Force at Jaffna in Sri Lanka. He was deputed to escort Army Stores from a port located in Sri Lanka to a port located in this country. The name of the port in this country is Avadi - Madras. The petitioner was apprehended before they could embark in a ship in Sri Lanka. He was found carrying 400 metre of cloth (In the other case i.e. Miscellaneous Petition No. 1102 of 1990, petitioner was in possession of 216 metre of cloth.) It was this possession of cloth which led to a Summary Court Martial being held under Sec. 116 of the Army Act, 1950. The Army Authorities observed that petitioner was carrying cloth contrary to the instructions given to the units at Sri Lanka. A charge-sheet was served on the petitioner. This is dated 9.3.1989. It reads as under:- CHARGE SHEET The accused No. 7766247H Hav. MP TEJBALI SINGH of 8 Inf Bde Pro Secis charged with:- <FRM>JUDGEMENT_127_LAWS(MPH)7_1996.html</FRM>

(3.) The petitioner was found guilty. He was ordered to be dismissed from the service. However, the Brigade Commander on a review under Sec. 162 of the Army Act converted the sentence of dismissal into one of discharge. This order is Annexure-E. An appeal was preferred. This appeal was dismissed. Copy of this order is Annexure-I.