PARAMJIT SINGH KOHLI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petitioner filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10th August, 1992 whereby the punishment of 'Severe Reprimand' was awarded to him by respondent No.3 as also the order No. 5(38)/94/D(AS) dated 24th February. 1995 issued by the Under Secretary, Government of India, Ministry of Defence whereby the Central Government rejected the statutory complaint of the petitioner dated 14.10.93 which he had submitted to the Government against the aforesaid punishment of 10th August, 1992.

(2.) The petitioner is a serving Commissioned Officer in the Indian Army and is presently holding the substantive rank of Major. During the year 1990-91 the petitioner was posted at Defence Services Staff College, (DSSC), Wellington, (Nilgiris) as Mechanical Transport Officer. It appears that an unpleasant episode occurred on the evening of 19th September, 1991 involving the petitioner and another officer, namely Major N.K. Mohapatra at or near about the Officer's mess, DSSC, Wellington. It also appears that the preliminary enquiry was held in the matter by the authorities of DSSC, Wellington which ultimately culminated into the issuance of a charge-sheet against the petitioner under section 63 of the Army Act for committing an act prejudicial to good order and military discipline. It shall be advantageous to reproduce the charge-sheet in varbatim, which reads thus:- CHARGE SHEET The accused, IC 37030 Major Kohli Paramjit Singh of 511 ASC Bn attached with the Madras Regimental Centre, Wellington, an officer holding a permanent commission in the Regular Army, is charged with:- An Act Prejudicial To Good Order And Military Discipline ARMY ACT SECTION 63 in that he, at Wellington, on 19 Sep 91 at 2200 hours, deliberately and intentionally rushed to the Officer's mess DSSC, Wellington and engaged in heated altercation with IC 34251W Major N.K Mahapatra to the extent of using abusive language, in that, he was distinctly heard using the word 'Bastard' which led to the unpleasant scene in the vicinity of a dinner party being held in the officers' mess in which the ladies and foreign student officers were present. Place : Wellington (Jaspal Singh) Brig. Comdt. Date : 06 Jul 92 The Madras Regimental Centre.

(3.) The framing and the issuance of the charge-sheet was preceded by the recording of a Summary of Evidence against the petitioner in terms of Army Rules 1954 in which a large number of witnesses had appeared and made their depositions. Major N.K. Mahapatra, the person with whom the petitioner was alleged to have been involved in the heated exchange of words etc. was Prosecution Witness No. 1 in the said Summary of Evidence. The recording of the Summary of Evidence was completed in all respects before the issuance and the framing of the charge-sheet as is noticed above.