- (1.) This Civil Appeal is directed against the judgment of the High Court of Jammu & Kashmir dated 2.4.2002. By the aforesaid order, the Division Bench of the High Court upheld the order of the learned Single Judge of the High Court of Jammu & Kashmir, dismissing the Writ Petition and upholding the order of conviction of the appellant by the General Court Martial (GCM) for defrauding the Army and sentence of one year of rigorous imprisonment and also of cashiering him from service.
(2.) The appellant was a Commissioned Officer in the Indian Army working at the relevant time at Leh. He was working as a Garrison Engineer, 865 EWS, where he invited offers from private parties to supply the garrison with Diesel Generator (DG) sets and to make other repairs and replacement.
(3.) On 29.11.1994 he entered into an agreement with M/s Surjit Singh Sokhi to repair two DG Sets at FRL Powerhouse at Leh for Rs. 2.29 lakh and to repair LT cables at Nimmuy area Leh for Rs. 2.49 lakhs. On 30.11.1994 he entered into an agreement with M/s Mohd Sultan and Bros. to replace LT cables and providing an ACR conductor and to replace parts of two DG Sets for Rs. 2.48 lakhs. Authorities noticed irregularities in these purchases and on 6.12.1994 investigated the contract agreements. A vigilance check was performed by the Commander Works Engineers (CWE) on 9.12.1994. CWE then asked the appellant for his comments on the report which were submitted on 6.2.1995. Discrepancies detected in comparing the report and the comments of the appellant prompted the Technical Board of Officers to issue a report on 9.4.1995, which led a court of enquiry being convened on 20.9.1995 and then to a GCM being convened on 9.3.1998. The appellant was then served a charge sheet on 9.3.1998 that was then withdrawn due to errors and thereafter he was re-served with a fresh charge sheet on 11.3.1998.;