UNION OF INDIA Vs. SUNI LAL BESARA

JUDGEMENT

(1.) The Union of India has preferred the two appeals under Clause 10 of the Letters Patent of the High Court of Judicature at Patna. L.P.A. No. 327 of 2011, raises a grievance with respect to the order dated 25.9.2008, passed by a learned Single Judge of this Court in C.W.J.C. No. 10111 of 2006 (Sri Suni Lal Besra v. The Union of India & Ors.), whereby the writ petition has been allowed, and the order of punishment against the writ Petitioner has been set aside. In L.P.A. No. 927 of 2010, the Union of India has raised grievance with respect to the order dated 17.3.2010, passed by the learned Single Judge in Civil Review No. 12 of 2009 (Union of India v. Sunil Lal Besara), whereby he has declined to review the said order on the writ petition.

(2.) A brief statement of facts essential for disposal of the appeals may be indicated. We shall go by the description of the parties occurring in L.P.A. No. 327 of 2011, and shall draw the basic facts therefrom. The Respondent was appointed in the Indian Defence Service as a Sepoy on 16.12.1977. He was promoted to next higher rank of Lance Naik on 1.4.1982, to the rank of Naik on 1.4.1983, and finally to that of Havildar on 28.7.1984. The authorities of the Bihar Regimental Centre, Danapur, received a complaint from one Ram Babu Singh that the Respondent had demanded a sum of Rs. 25,000/- from him by way of illegal gratification to secure him recruitment in the defence service. This led to initiation of Court Martial proceeding against the Respondent under the Army Act, 1950 (hereinafter referred to as 'the Act"). Charge-sheet dated 9.1.1998 was served on him. Court Martial proceeding was carried to its logical conclusion. By order dated 22.1.1998, passed by the Headquarters, the following punishment was inflicted on the Respondent:-

(3.) In view of the provisions of Section 162 of the Act, the order dated 22.1.1998 was forwarded for confirmation. The competent authority, being the Major General at Jabalpur, substituted the punishment as follows:-