- (1.) The present appeal by special leave is directed against the order dated July 23, 1991 passed by the High Court of Judicature of Delhi in Writ Petition (Criminal) No. 590 of 1991 wherein the learned Single Judge has declined to interfere with the order dated July 20, 1990 whereby the confirming authority under Section 164 of the Army Act, 1950 (for short the Act ) had passed an order of confirmation as regards the sentence of cashiering but reduced the rigorous imprisonment from five years to six months as imposed by the Competent Authority of General Court Martial vide order dated June 4, 1990.
(2.) The appellant after joining the Army was confirmed in the rank of Second Lieutenant and eventually became a Major in due course of time. In the month of August, 1988 while serving at Bangalore he was transferred to Udhampur at Jammu. While he was functioning at Udhampur in the rank of Major a General Court Martial proceeding was convened against him on the following charges: - First Charge SUCH AN OFFENCE AS IS MENTIONED Army Act IN CLAUSE (f) OF SECTION 52 OF THE Section 52(f) ARMY ACT WITH INTENT TO DEFRAUD, In that he, at field, on 30th Jan. 89, with intent to defraud submitted a claim of Rs.35,270/- in respect of transportation of his household luggage and car in civil truck No. JKQ 3285 and JKR 0587 respectively on permanent posting from Bangalore to Udhampur well knowing that his such luggage and car had not been so transported. Second Charge SUCH AN OFFENCE AS IS MENTIONED Army Act IN CLAUSE (D) OF SECTION 52 OF THE Section 52(D) ARMY ACT WITH INTENT TO DEFRAUD, In that he, at field, on 18th Jan. 89, with intent to defraud submitted Leave Travel Concession (LTC) claim for year 1988 to CDA (O) Pune, well knowing that he had already availed the LTC for the year 1988. Third Charge AN ACT PREJUDICIAL TO GOOD Army Act ORDER AND MILITARY DISCIPLINE. Section 63 In that he, at field, on 17th Nov. 1988, improperly utilised for himself IAFT-1752-PA/53-869651 dated 15th Nov. 1988, single/ return journey railway warrant from Jammu to New Delhi and back.
(3.) In pursuance of the charge-sheet, General Court Martial commenced on March 12, 1990 which consisted of five Members, namely, Co. Choudhary Sohan Lal, Lt. Col. Harpal Singh, Lt. Col. Shiv Kumar Singh, Maj. Saigal Rajinder Nath and Maj. Manhas Rajender Singh.;