UNION OF INDIA AND ORS. Vs. CHAIN LAL

JUDGEMENT

(1.) THIS appeal is filed by Union of India against the order dated 23.05.2008 made in SWP No. 411/21995 wherein the respondent has challenged the order of dismissal dated 22.03.1995 and prayed for direction to reinstate him in service with all benefits.

(2.) THE case focused before the learned Single Judge was that while the respondent was posted as Havaldar Clerk in Srinagar in the year 1989 some pilferage of milk powder was detected. On this the appellants ordered convening of Court of Inquiry at Leh as the supply was to be given to Depot at Leh. The allegation was that the milk powder was replaced with Atta. The Court of Inquiry was conducted and its opinion was also placed before the appellants. It was found that the respondent, with intend to defraud, included 0.500 tonnes of Atta in place of milk powder in a consignment of 5.060 Tonnes of milk powder dispatched to Field Supply Depot Leh. Summary General Court Martial was convened to try the respondent, however, the same was dissolved on 18.06.1993 as it was felt not expedient and impracticable due to nonavailability of essential witnesses. The Commander thereafter directed that administrative action may be initiated under the Army Act read with Army Rules.

(3.) THE learned Single Judge, taking note of the fact that no consideration was made in the explanation submitted by the respondent and the authority having passed the order as a quasi judicial authority, following the judgment of Hon'ble the Supreme Court reported in : AIR 1990 SC 1984 (S.N. Mukherji v. Union of India), allowed the writ petition and set aside the order of dismissal.