GURDIAL SINGH CHEEMA Vs. UNION OF INDIA AND ORS.
LAWS(DLH)-1975-3-34
HIGH COURT OF DELHI
Decided on March 12,1975

Gurdial Singh Cheema Appellant
VERSUS
Union of India And Ors. Respondents

JUDGEMENT

- (1.) The petitioner who was a corporal subject to the Air Force Act, 1950 and the Indian Air Force Rules, 1933 framed under the Indian Air Force Act, 1932 and which continued to be in force in view of Section 24 of the General Clauses Act till the new Rules of 1969 were framed, was removed from service with effect from 1-6-1966 by the order of the Air Officer Commanding-in- Chief, Western Command, who was the competent authority under Section 20 (3) of the Air Force Act, 1950 .
(2.) Two motor-cycles were stolen from the Air Force Station, Palam on the night of 3rd/4th June, 1965. Evidence was collected by a Court of Enquiry and investigation was also made by the police against the petitioner and some others. On 6-4-1966 the petitioner was informed that the Court of Enquiry had held him to blame for the theft. He was, therefore, asked to show cause as to why he should not be removed from service. After he showed cause he was removed from service.
(3.) The Magistrate First Class, New Delhi, on receipt of a report under Section 173, Criminal Procedure Code. 1898 framed charge against one Jaswant Singh only and did not frame any charge against the petitioner and others inasmuch as they had not been challaned as accused persons by the police. Even Jaswant Singh was later discharged.;


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