SUB SUBASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved of and has called in question order dtd. 9/9/2004 passed by the respondents under Sec. 63 of the Army Act, 1950 [ the Act"], whereby the petitioner has been awarded punishment of severe reprimand". The petitioner also seeks a direction to the respondents to refund a sum of Rs.12000.00 forcibly recovered by the respondents.

(2.) Briefly stated, the facts leading to filing of this petition are that, the petitioner who was enrolled as Sepoy in Indian Army on 31/3/1979, rose to the position of Subedar in the year 2003. As per the claim made by the petitioner, he earned all the promotions right from L/Nk to Subedar on the basis of his merit. The petitioner had a clean record of service throughout till one Captain P. K. Verma took over as Company Commander of the Company in which the petitioner was serving. It is alleged that Company Commander Capt. Verma indulged in various irregularities and illegalities in the Company which were objected by the petitioner being a senior most JCO in the Company. The raising of voice by the petitioner against Captain Verma ultimately became the basis for holding proceedings against the petitioner, leading to imposition of punishment of severe reprimand" on the petitioner.

(3.) It is contended by the petitioner that on 14/8/2004, Sepoy Riaz Wahi, who was on sentry duty in a guard post, was found absent for some time. He, however, came back and rejoined his duty after some time. There was some exchange of hot words between the Guard Commander and sentry. The Sentry went to the Company Commander and lodged a complaint against the Guard Commander for having used abusive language against him. The petitioner was summoned by the Company Commander and was asked to put the Sentry on charge sheet. On 15/8/2004, when the petitioner requested the Company Commander to give him permission to resolve the issue amicably, the petitioner was abused by the Company Commander. The petitioner was also put in prison along with the Sentry on 17/8/2004. It is alleged that petitioner was called by Dr. D. K. Nanda, Commanding Officer, 160 Bn, 16 Inf. Bn. Territorial Army (JAKRIF) in his office and was told that there were some complaints against him for misappropriation of Ration. The petitioner claims that he tried his best to clear his position that he was innocent but nobody listened to him and instead he was forced to pay Rs.12000.00 on account of loss of some Ration.