AVTAR SINGH BIJI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who was working as a Lt. Col. in the Indian Army, was tried by the General Court Martial at Secundrabad on charges of misappropriation. On June 15, 1979, he was dismissed from service. On September 5, 1989, the petitioner was served with a notice ''to show-cause as to how he is entitled to pensionary benefits''. It was further stipulated that he must submit his reply within 30 days of the receipt of memorandum. Admittedly, the petitioner submitted his reply on February 11, 1993. Vide order dated November 30, 1993, it was ordered that ''the President is pleased to decide to forfeit the entire pensionary benefits to which IC-5967 Lt. Col. A. S. Biji would have been entitled to (sic) had he retired in the normal manner on the date of dismissal.''

(2.) We have heard Mr. C. M. Chopra, learned counsel for the petitioner and Mr. S. K. Pipat, the Senior Standing Counsel for Union of India.

(3.) Mr. Chopra has raised a two-fold contention. Firstly, relying on the judgment of their Lordships of the Supreme Court in Major G.S. Sodhi v. Union of India, 1994 3 SCT 335 he has contended that the petitioner is entitled to the payment of all retiral benefits. Secondly, learned counsel has submitted that the order of forfeiture of pension cannot operate retrospectively so as to take away the pension which had accrued to him from 1979 to November 29, 1993. On the other hand, Mr. S. K. Pipat has contended that the petitioner having been dismissed from service had no right to claim pension after a lapse of so many years and that the order regarding the forfeiture of pensionary benefits was in strict conformity with the provisions of Regulation 16(a).