GULAB CHANDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE indispensable brief facts are that the petitioner who has rendered more than 13 years of service for which he was awarded a meritorious certificate of gallantry act was accused of having abetted his fellow rifleman Safai Raj Kumar in smuggling 30 kgs of Ganja, while he was attached to the Transit Camp, Assam Rifles at Dimapur. Prior to framing of charge, a Staff Court of Inquiry was conducted on 2. 4. 99 against the petitioner with other accused person. The Inquiry Officer, in the rank of Major, found the petitioner innocent and no action was initiated against him. Thereafter, a second Staff Court of Inquiry was held and charge-sheet was framed against and communicated on 5. 6. 99 to the petitioner which reads as follows :-

(2.) IT is pertinent to note that the aforesaid order dated 2. 8. 01 passed by the Brig. , DIG Assam Rifles was set aside by the Major General, Assam Rifles vide order dated 15. 9. 01 as the said Brig. had no jurisdiction to pass such order under Section 164 (2) of the Army Act, 1950. The Major General called for the records and on consideration of the same, passed the impugned order dated 19. 9. 01, upholding the impugned award of punishment and rejecting the petitioner's aforesaid petition on the ground that the petitioner unequivocally pleaded guilty and declined to make any statement at the trial and the petition lacks substance and devoid of merit.

(3.) THE petitioner being aggrieved by the aforesaid impugned orders, filed a petition under Article 227 of the Constitution of India, which was registered as WP (C) No. 9 (K) 02 and disposed of on 7. 3. 05. A Writ Appeal, being W. A. No. 4 (K) 05, was preferred against the order dated 7. 3. 05. The said appeal was disposed of on 7. 3. 06 on being withdrawn on the request of the appellant.