JAGIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner was terminated from services by the chief of the Army Staff with effect from 08 -08 -1986 in exercise of power under section 20 (i) of the Army Act read in conjunction with the Rule 17 of the Army Rules because of his involvement in espionage activities. The order of termination has been challenged by the petitioner on the ground that neither any show cause notice has been given nor any enquiry held in the absence of which, the order impugned is bad because the principles of natural justice have been violated.

(2.) MR . Qazi appearing for the petitioner urged that although the petitioner was arrested and detained., but later on he came to be released and was not prosecuted for the charges, he was arrested. According to Mr. Qazi, the petitioner was arrested for interrogation but later on released without holding any trial. Since no case of espionage was made out against him, it is argued, his termination without holding enquiry was bad.

(3.) MR . K.L. Sharma appearing for the respondents, how ever argued that petitioner was found involved in espionage activities. He retracted confession, therefore, the order impugned was passed.