VIPIN SANGHI,J. - (1.) The petitioner has preferred this writ petition to assail the order dated 09.01.2020, passed by the Armed Forces Tribunal, Principal Bench, Delhi, whereby his original application assailing his dismissal from service vide order dated 30.12.2014 has been dismissed.
(2.) The petitioner seeks a direction for his reinstatement with all consequential benefits, including back wages, seniority, continuity of service, promotions, etc. by quashing and setting aside his 'Dismissal' vide order dated 30.12.2014, passed by the COAS. In the alternative, he prays that his dismissal from service be converted to 'Discharge' from service with effect from the date of his dismissal, with further direction to the respondents to release all his entitlements arising on account of 'Discharge'. Alternatively, he also seeks a direction to convert his 'Dismissal' to compulsory retirement/ removal from service from the date of his dismissal, with a direction to release all his pensionary/ retiral benefits arising out of such discharge from service.
(3.) The petitioner was enrolled in the Army on 24.04.1994. His wife expired on 20.03.1998 due to consumption of a poisonous substance. A case of dowry death was registered against the petitioner while he was serving as a Sepoy. On 22.02.2001, the petitioner was convicted by the Sessions Court under Section 304B IPC and sentenced to undergo 7 years of rigorous imprisonment. He appealed against his conviction and sentence before the Punjab and Haryana High Court. On 02.05.2001, he was released on bail. He re-joined his duties on 04.05.2001. He continued to serve with the Army for the next 14 years. On 29.08.2013, the High Court dismissed the petitioner's criminal appeal and affirmed the sentence awarded to him. His appeal was dismissed by the Supreme Court as well. Consequently, his conviction and sentence attained finality. He surrendered himself on 17.01.2014, while on leave. After completion of his sentence, the petitioner was released from jail on 15.08.2015. In the meantime, he was dismissed from service vide order dated 30.12.2014. The said order of dismissal reads as follows: "ORDERS OF THE CHIEF OF THE ARMY STAFF FOR DISMISSAL FROM SERVICE OF JC-235075A NAIB RISALDAR DILBAG SINGH OF THE PRESIDENT'S BODY GUARD 1. WHEREAS, JC-235075A Naib Risaldar Dilbag Singh of the President's Body Guard was convicted by the Court of Additional Sessions Judge, Amritsar on 22 Feb 2001 on charges under Section 304B and Section 498A of the Indian Penal Code and Sentenced to undergo Rigorous Imprisonment for seven years. The Appeal CRA No.245-SB of 2001 filed by the Junior Commissioned Officer in Hon'ble Punjab and Haryana High Court against his conviction has been dismissed on 29 Aug 2013 and he is undergoing the above said sentence of Rigorous Imprisonment for seven years' at Central Jail, Amritsar. 2. AND WHEREAS, considering the nature and gravity of the offences for which JC-235075A Naib Risaldar Dilbag Singh has been convicted by the Criminal Court, his retention in the service is not desirable. 3. NOW, THEREFORE, in accordance with the powers vested in me under section 20(1) of the Army Act, 1950 read with Rule 17 of the Army Rules 1954,I hereby order dismissal from the service' of JC-235075A Naib Risaldar Dilbag Singh. Signed at New Delhi on this 30th Day of December 2014. " ;