T K CHATTERJEE Vs. UNMION OF INDIA

JUDGEMENT

(1.) By this common Judgment, Writ Petition (C) Nos. 4146 of 2000 and 5199 of 2002 are proposed to be disposed of.

(2.) The petitioner was working as a Major in the Indian Army and posted at Aizawl as O.C. No. 4 Eastern Command is Group. On 15th August, 1999, 224 bottles of Indian Made Foreign Liquor were seized by the exercise officials of the Government of Mizoram at the Check-Post at Vairangate from the Unit Vehicle. Naik Pushpender Singh and NK Naresh Kumar on board were arrested and produced before the Magistrate of the 1st Class at Kolasib. A Court of Inquiry was convened on 18th August, 1999 by the authority for carrying out investigation. On perusal of the summary evidence recorded by the Court of Inquiry, General Officer Commanding, 57 Mountain Division, directed that the petitioner, namely Major T.K. Chatterjee be tried by the Summary General Court Martial. Accordingly, Summary General Court Martial was convened. Proceedings of the Court Martial were held from 14th June, 2000 to 4th July, 2000. The Summary General Court Martial found the petitioner guilty of the offence of abetement of civil offence of transportation of liquor to the State of Mizoram in contravention of the provisions of Section 8 of the Mizoram Liquor Total Prohibition Act, 1995. On completion of the proceedings, the folio wing penalty were imposed by the Court Martial-(i) that petitioner be cashiered, (ii) suffer imprisonment for three months and (iii) to pay a fine of Rs. 5000/- The General Officer Commanding, Eastern Command while confirming the finding of the Court Martial commuted the sentence to - (a) to forfeit three years past service for the purpose of promotion, and (b) to be severely reprimanded.

(3.) The petitioner filed Writ Petition (C) No. 4146 of 2000 challenging the conviction and sentence imposed by the Summary General Court Martial. After communication of the sentence by the General Officer Commanding, the petitioner filed the Writ Petition (C) No. 5199 of 2002 for quashing the order passed by the General Officer Commanding, Eastern Command and also for consequential direction for promotion to the post of Lt. Colonel.