BRIJ NARINDER SINGH MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) WHILE petitioner was pressing for grant of interim relief, the respondent -Union raised a preliminary objection questioning the very jurisdiction of this court to entertain the writ petition. The matter was accordingly considered on the plea of jurisdiction and for grant of interim relief to the petitioner at this stage with the agreement of 1/c for parties.

(2.) PETITIONER was Commandant of 20 Infantry Brigade at Itrana (Alwar) Rajasthan and posted there on July 16, 1990 but on 24.1.93. he was transferred and posted as D.I.G. Assam Rifles, Mizoram. It seems that some anonymous complaint was received against him, which led to the setting up of a Staff Court of Enquiry. Petitioner appeared before the SCOI and he was, thereafter, ordered to be attached on 10.9.93. He was, served a charge -sheet on 3.10.93 and was allegedly made to sign on a proforma under R.22 of the Army Rules. He also made an application on this date asking investigation to be conducted in accordance with R.22. Later, the summary of evidence was ordered to be recorded against him which led to the convening of General Court Martial (G.C.M) on 17.1.94. A charge sheet was served on 9.1.94 for allegedly having committed offences U/sec. 63.of the Army Act and he was eventually convicted and sentenced by the G.C.M. to (a) forefeiture of three years service for promotion -(b) forefeiture of three years past service for pension and (c) severe reprimand.

(3.) PETITIONER filed a pre -confirmation petition against the conviction and sentence which was dismissed on 19.2.94 and the sentence against him was promulgated on 3.10.94. Meanwhile, he was transferred and posted as Dy. G.O.C., 10 -Infantry Division, Akhnoor in Jammu & Kashmir State on 10.10.94 from where, he filed a post - confirmation appeal U/sec. 164 of the Army Act on 23.10.94. rejection whereof was communicated to him on 31.8.95, admittedly within the territorial jurisdiction of this court.