L.NAGESWARA RAO, J. - (1.) The refusal of the Armed Forces Tribunal, Principal Bench, New Delhi (for short "the Tribunal") to interfere with the disciplinary action initiated against the Appellant is the subject matter of these Appeals.
(2.) The Appellant was commissioned in the Jammu & Kashmir Light Infantry, Indian Army on 17.12.1983. He was the Commander of 164 Mountain Brigade from 01.12.2012 to 29.03.2012. Brigadier R.K. Jha took over as the Commander of 164 Mountain Brigade on 30.03.2012. After taking over, Brigadier R.K. Jha was informed that the property of the Flag Staff House was not properly accounted for and certain items were missing as they were taken away by the Appellant. Brigadier R.K. Jha made inquiries with Major Amit Slathia and Havildar Yongendra Bahadur Gurung. On being satisfied that certain items were missing, Brigadier R.K. Jha directed Colonel S.S. Sidhu, the then Deputy Commander to undertake a physical check of the Flag Staff House property. According to the inquiry conducted by Major Siddharth Virmani and Havildar Yogendra Bahadur Gurung. Two Heat Pillars, three carpets and two flower pots were taken away by the Appellant along with his luggage by being treated as unserviceable.
(3.) When Brigadier R.K. Jha visited unit 4/1 GR along with Major Ishani Maitra, Education Officer of 164 Mountain Brigade, he was informed by her that Mrs. Nirmala Singh, wife of the Appellant had borrowed money which was subsequently not returned. Having learnt about the excess commission and omission by the Appellant, the General Officer Commanding 17 Mountain Division directed a discrete investigation against the Appellant. After an investigation, Brigadier R.K. Jha found the following acts and omissions on the part of the Appellant : "(i) It was reported by the then Deputy Commander, Colonel (Now Brigadier) S.S. Sidhu that Mrs. Sidhu had got a call from Mrs. L.I. Singh requesting for some money which as per the Officer, was politely declined. (ii) It was reported by Major Amit Slathia, SC that he was under severe duress to obtain money for the Appellant from Civil Hired Transport contractors. As reported by the Officer, since he could not withstand the pressure and humiliation, he gave Rs.20,000/- (Rupees twenty thousand only) out of his own pocket to the Appellant, by withdrawing money from an ATM at Pedong. (iii) Major Akhil Mendhe, Second-in- Command of 6 RAJ RIF who happened to be in the Brigade Headquarters on a particular day when Brigadier R.K. Jha was interacting with the officers, informed Brigadier R.K. Jha that a loan of Rs.1.00.000/- (Rupees one lakh only) was arranged for Brigadier L.I. Singh, YSM from his Unit Wet Canteen Contractor. (iv) Colonel M. Ravi Shanker, Commanding Officer 4/1 GR informed Brigadier R.K. Jha that when the Appellant was the Commander, a loan of Rs.2,00,000/- (Rupees two lakhs only) was arranged from his Unit Wet Canteen Contractor for the Appellant, which was subsequently returned. (v) Lieutenant Colonel V.S. Parmar, Admn Comdt of Station Headquarters, Pedong reported that the Appellant had taken some favours from the vendors dealing with the Station Headquarters, Pedong." ;