SEPOY HARADHAN CHAKRABARTY Vs. UNION OF INDIA
LAWS(SC)-1990-2-10
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on February 01,1990

SEPOY HARADHAN CHAKRABARTY Appellant
VERSUS
UNION OF INDIA Respondents





Cited Judgements :-

DEVI SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1994-9-30] [REFERRED TO]
STATE OF MAHARASHTRA VS. SUHAS S O AJABRAO MANKAR [LAWS(BOM)-2004-8-129] [REFERRED TO]
RAJA ALIAS RAJESH RAJAN NAIR VS. R S SHARMA [LAWS(BOM)-2005-4-25] [REFERRED TO]
STATE VS. M.K. RAJAGOPALAN [LAWS(MAD)-2014-8-5] [REFERRED TO]
THE ADDITIONAL SUPERINTENDENT OF POLICE CBI VS. G.B. ANBALAGAN [LAWS(MAD)-2014-8-181] [REFERRED TO]
NATWAR RATERIA VS. CBI [LAWS(DLH)-2015-2-255] [REFERRED TO]
TOLA RAM VS. DIST JUDGE [LAWS(RAJ)-2008-3-39] [REFERRED TO]
PANKAJ PATHAK VS. STATE OF M P [LAWS(MPH)-2013-1-133] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. SMT. V.M.SARASWATHY [LAWS(KAR)-2021-12-20] [REFERRED TO]


JUDGEMENT

Reddy, J. - (1.)This petition is filed under Art. 32 of the Constitution of India seeking an appropriate writ directing the respondents i.e. Union of India and the Chief of the Army Staff to restore the petitioner to service with all consequential benefits and grant of pension.
(2.)The petitioner entered the Indian Army in 1939 and served in Burma during the second world war and later joined Indian National Army and fought under the leader-ship of the Netaji Subhash Chander Bose and on India attaining independence, he rejoined Indian Army in 1948 and was promoted to the rank of Hawaldar. He was released from Army service on 15-10-1964 consequent to the reduction of manpower and consequently he joined Defence Security Corps on 14-9-67 and served till 29-7-78. While serving in Defence Security Corps in 1976 at Pathankot, he along with Major Trilok Chand who at the relevant time was serving as their officer and nine others was charge-sheeted by the Court-martial. The charge against them was that Trilok Chand committed the theft of 250 Wheel drums while getting them loaded in a civil truck and that the others abetted the commission of the said offence. Major Trilok Chand was found guilty and out of the nine abetters, eight abetters were acquitted. Major Trilok Chand was awarded one year imprisonment. The petitioner was dismissed from the service with an imprisonment of 90 days in civil prison. Major Trilok Chand questioned the proceedings of the Court-martial before the High Court of Allahabad in Writ Petition No. 13161 of 1981. The High Court allowed the writ petition and held that there was no evidence that it was Trilok Chand who removed the wheel drums and consequently the High Court found that there was no material to support the charge of theft. The review petition filed by the Union of India was dismissed by the High Court and the S.L.P. No. 9294 of 1987 filed by the Union of India in the Supreme Court was dismissed on 5-10-87. Consequently Major Trilok Chand has been reinstated in the service.
(3.)In view of the fact that the main accused has been acquitted and reinstated in service the petitioner requested the authorities to review his case and give the necessary relief but his request was rejected. Hence the present petition.
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