JAGJIT SINGH EX MAJOR Vs. UNION OF INDIA

JUDGEMENT

(1.) IS the petitioner who was dismissed from the Army service in February, 1986, entitled to the grant of pension in spite of the fact that the President of India has passed an order dated October 13, 1993 under Regulation l(a) of the Pension Regulations forfeiting "the entire pensionary benefits which would have been payable "to him? This is the short question. The facts may be briefly noticed.

(2.) ON January 7, 1985, the petitioner was served with a charge -sheet. The following were two of the four charges levelled against him: -

(3.) WE have heard learned counsel for the parties. Mr. H.S. Mattewal, learned counsel for the petitioner, has vehemently contended that the petitioner having been dismissed from service in February, 1986 and no order regarding forfeiture of pension having been passed by the Court Martial or by the president the action of the respondents is wholly illegal and is vitiated. Learned Counsel has pleased strong reliance on the judgment of their Lordships of the Supreme Court in Major G.S. Sodhi v. Union of India, 1992(5) S.L.R. 108. The learned counsel has further contended that in any event, the petitioner is entitled to the payment of gratuity. The claim made on behalf of the petitioner has been controverted by Mr. Ashok Jindal appearing for the respondents. Learned counsel has referred to the judgments of their Lordships of the Supreme Court in Major Hari Chand Pahwa v. Union of India, (Civil Appeal No. 831 of 1993, decided on July 26, 1994) and Union of India and ors. v. Brig. P.K. Dutta, (Civil Appeal No. 8948 of 1994, decided on December 7,1994).