A R MALHOTRA (MAJOR) Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS letters patent appeal arises from a writ petition, S WP no. 1312/2004, which the appellant had preferred for quashing the proceedings of Court of Inquiry and Summary of evidence recorded therein, and for a restraint order prohibiting the respondents from acting upon the impugned summary of evidence, He also prayed for an independent probe in the matter by the Central Bureau of Investiatgation (CBI).

(2.) BEFORE adverting to specific grievance of the appellant the factual background of the case may, briefly, be stated.

(3.) THE appellant is a Major in the Medical Corps of the Indian Army. He joined 166 Military Hospital in June 2001. On the basis of certain irregularities and malpractices in drawal, accounting and issue of rations, fuel, oil, lubricants, firewood, scrapwood etc. in 166 Military Hospital, a Board of Officers was detailed to seize documents and other materials from the Quartermaster office of said Hospital on 18.6.2003. A Court of Inquiry was thereafter convened by the General Officer Commanding (GOC) 16 Corps on 19.6.2003 to investiage into the alleged irregularities and malpractices. The Court of Inquiry comprised of a Major General and two Brigadiers. It transpired that upon seizure of documents from the Quartermaster office on 18.6.2003, the appellant had tried to influence Hav. (Store Keeper Technical) Jagdish Chander, offering him bribe of rupees 8 to 10 lakhs as consideration for not disclosing the details and himself owning the responsibility. As the appellant was found to be indulging in activities of tempering with the evidence he was sent to 169 Military Hospital on temporary duty from 24.6.2003 to 14.7.2003. Col. Sunil Mehta, SM, was detailed to seize documents. The Court of Inquiry, constituted in the meantime, examined Col. Sunil Mehta and Hav. (Store Keeper Technical) Jagdish Chander on 10.7.2003. Hav. (Store Keeper Technical) A. K. Maity, Sepoy (Driver) Sanjeev Kumar and Hav. (Store Keeper Technical) C. R. Jagannath, were examined on 11.7.2003 and 12.7.2003. The Court of Inquiry came to the conclusion that the character and military reputation of the appellant as well as said Jagdish Chander, A. K. Maity, C. R. Jagannath and Sanjeev Kumar was likely to be affected and therefore decided to invoke the provisions of Rule 180 of Army Rules 1954 and they were called to appear before the Court of Inquiry on 14th and 15th of July, 2003. We shall refer to Rule 180 later at the appropriate place in this order. The statements of witnesses recorded by the Court of Inquiry earlier were read out in their presence and they were given opportunity to cross -examine the witnesses. The appellant is said to have cross -examined them. He also appeared as witness on 16th of July, 2003 and made a statement. He also answered questions put by the Court and others against whom rule 180 of the Army Rules had been invoked. Upon consideration of the seized documents and other materials as well as statements of the witnesses, the Court of Inquiry concluded that large scale financial irregularities and misappropriations of materials in the stores had occured in 166 Military Hospital since 12.6.2001. In the opinion of the Court of Inquiry, the appellant was blameworthy for the following: - "(a) Dishonestly received monetary gains for stores costing approximately Rs.25,52,106/ - during the period 12th June 01 to May, 03 through illegal scales of the following commodities: - (i) FOL. Comprising of petrol: 61400 Itrs. Costing approximately Rs. 18,27,456/ -; and diesal: 22800 ltrs costing approximately Rs.4,30,350/ -amounting to a total of approximately Rs.22,57,806/ -. (ii) DRY RATIONS comprising various commodities amounting to total of approximately Rs. 1,08,000/ -. (iii) MILK POWDER: 2,025 Kgs costing approximately Rs. 1,86,300/ -. (b) Dishonestly received monetary gains for stores costing approximately Rs. 76,53, 974.07 through civil contractors for the period July 01 to Apr 03, in lieu of excess qty demanded but not collected in respect of the following commodities: - (i) FRESH RATION comprising various items costing approximately Rs. 75,24,551.55. (ii) CHARCOAL 65,991 Kgs. Costing approximately Rs. 1,24,643.53. (iii) FIREWOOD & SCRAPWOOD 16,738 kgs. and 7,260 kgs. Respectively costing approximately Rs. 4,778.99. (c) Dishonestly misppropriated 63 Tons of Steam Coal costing approximately Rs.92,295/ - in a signel transaction on 22 Feb.03. (d) Dishonestly received approximately 250 Its of petrol every month from 166 M.H.FOL Stores for his personal use from July 01 to May 03 amounting to approximately Rs. 1,73,245/ -. (e) Knowingly and with intent to defraud ordered his subordinate SKTs to com -.mitthefollowing: - (i) prepare falsified RRs for the months of Mar 02 to Mar 03. (ii) Falsify car diaries for Veh. BANos. 88K -5640M, OOK -6788E. 85K -3619N (CIV Veh) OOK -00679,4 N, 85K -2587X (CIV Veh) 85 K - 258 X(CI V Veh.), 85 K - 2967 4 N (CI V Veh.) OOK -006803 K. (iii) Inflate ration demands for various items of fresh rations costing approximately Rs. 14,69,910.10 duringJul .01 to Dec .01. (iv) After the already approved quaterly condemmation Bd proceeedings dated 20 Nov. 01 by amending the figures 66 to read as 266 in respect of Cases Mattresses Hospital. (f) Dishonestly stage managed awarding 9 repair contracts amounting to approxmiately Rs. 24,589/ - for Desert Collers and other electrical equipments of 166 M.H. to civilian Washerman Rampal, an employee of 166 M.H. who was also illegally working at his residence in respect of the following minute sheets orginated by him: - (aa) 1206/Q/2001 Dt. 19 Jun 01. (ab) 12061/Q/2001 Dt.20Jul01. (ac) 12061206 Q/2001 Dt. 19Jun01. (ad) 1206/Q2001 Dt. 17 Nov. 01. (ae) 1206/Q 2001 Dt. 24 Nov. 01. (af) 1206/Q 2001 Dt. 20 Oct. 01. (ag) 1206/Q 2001 Dt. 20 Dec. 01. (ah) 1206/Q 2001 Dt. 02 Apr. 02. (aj) 1206/Q 2001 Dt. 27 May. 02. (g) In contravention to laid down norms borrowed Rs. 15000/ - from Nb Sub SKT Pushpinder Singh."