KANTA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) N-Sepoy Om Parkash of 20th Bn Jammu and Kashmir Rifles was convicted by a Summary General Court Martial convened by 2 Mountain Division and sentenced to suffer rigorous imprisonment for ten years, besides dismissal from service, for committing the offence punishable under Section 376 (2) (g) read with Section 34 of the Indian Penal Code. His conviction and sentence and the order of dismissal was set aside by this Court allowing his Writ Petition OWP No.354/1998.

(2.) Questioning the judgment delivered in the petitioners Writ Petition, Union of India preferred a Letters Patent Appeal against the judgment. It was during the pendency of Union of Indias Appeal that Om Parkash again approached this Court by his second Writ Petition SWP No.2264/2002 seeking issuance of directions to the Union of India and its functionaries to sanction and release his service pension to which he had become entitled under the Pension Rules in view of the setting aside of his conviction and sentence.

(3.) During the pendency of the Writ Petition and Union of Indias Appeal, Om Parkash died. Union of Indias Appeal against judgment delivered in OWP No.354/1998 was, therefore, dismissed on 14.05.2010 having abated.