M-GNR BARBER BALDEV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the petitioner is in respect of the order dated 12.9.96 of the District Court Martial in the case of the petitioner, whereby he has been sentenced to undergo rigorous imprisonment for a period of six months and has also been dismissed from service and the order of confirmation dated 8.11.96 is alleged to be highly illegal and without jurisdiction besides the same being arbitrary.

(2.) THE petitioner was proceeded with for obtaining illegal gratification with a motive for procuring the enrolment of a person in between 18th to 20th September, 1996, and also for taking illegal gratification from another person on 19th September, 1996.

(3.) WHILE the trial was going on, the petitioner came up before this Court regarding hardship in the proceeding when the petitioner was not being given proper opportunity of cross -examination and others in C.W.J.C. No. 2532 of 1996(R). The said petition was disposed of vide order dated 30.8.96 with some directions. After the conclusion of the Court Martial and the order dated 12.9.96 was passed, the petitioner came up before this Court in C.W.J.C. No. 3467 of 1996(R) on the ground that the charges which had been framed against the petitioner for the purpose of trial have been abruptly changed at the time of passing the judgment of conviction, which vitiated the whole trial as the petitioner did not get any opportunity when the charges have been varied. The above writ petition was disposed of giving opportunity to the petitioner to raise those points before the confirming authority. According to the petitioner, he raised those points before the confirming authority as per the direction of this court, but the confirming authority without giving any finding on the points being raised by the petitioner passed a cryptical one line order confirming the conviction and sentence imposed against the petitioner.