UNION OF INDIA Vs. AB. AZEEZ & ORS.

JUDGEMENT

(1.) Vide common order, we propose to decide two Letters Patent Appeals, which have been directed against the decision of the learned Single Judge dated 24.05.2000 whereby OWP No.896/1996 titled as 'Abdul Azeez Vs. Wing Commander and Ors. ' and OWP No.894/1998 titled as 'Suresh Chander Nath Vs. Wing Commander and Ors. ' were allowed and the sentence and punishment recorded by the Summary Court Martial against the petitioners was set aside.

(2.) Brief facts of the case necessary for the adjudication of the controversy involved in the instant Letters Patent Appeals are:

(3.) Learned counsel for the appellants has argued that the trial against the respondents/petitioners was not time barred as the Competent Authority had come to know about the commission of offence only on 10.11.1993. In order to substantiate this plea learned counsel has referred to Annexure-P1 i.e. FIR No.142 of 16.06.1993 got registered by Lt. Col. S.K. Gawari, Presiding Officer Court of Inquiry, through Subedar Maghan Singh. The same reveals that rations were dishonestly misappropriated en route while the same were despatched by ASC Company of Army near Thoise to Base Camp on 03.06.1993 in some military vehicles and the custodian of these ration items sold the same to some civilian shopkeepers of village Diskit on cash payment, whereupon the said rations were loaded in civil tipper bearing No.JKE/7062, which was caught by the police while going from Khaiser to Diskit and, that custodian of the said rations who had misappropriated the same were Government servants and in view thereof, it was requested that F.I.R. be lodged, case be investigated and the culprits be brought to book.