R.K.Agrawal, J. - (1.) The present special appeal has been filed against the judgment and order dated 11.8.1993 passed by the learned Single Judge in Civil Misc. Writ Petition No. 2584 of 1984, connected with Civil Misc. Writ Petition No. 12932 of 1984, whereby the learned Single Judge had dismissed both the writ petitions and had upheld the order dated 20.6.1984 dismissing the appellant from service.
(2.) Briefly stated the facts giving rise to the present appeal are as follows : According to the appellant he joined the Indian Army on 29.9.1962 as a recruit Clerk. He was promoted to Naik and subsequently, to the substantive rank of Havildar Clerk on 22.6.1971. He qualified for promotion to the rank of Naik Subedar w.e.f., 19.8.1976 and was actually due for promotion on the said post w.e.f., 13.12.1979. In January, 1976, he was posted as Motor Transport Clerk in Gorakhpur Recruiting Depot, Konark Ghat, Gorakhpur. The depot used to supply Petrol Oil Lubrication to Garrison Engineer (Air Force), Gorakhpur on book entry basis. He was transferred on 10.11.1979 to 7 Rajpootana Rifles Active Service. In respect of certain Petrol Oil Lubrication vouchers issued for the period September/October, 1979, some objection was raised by the local Audit Officer, Area-I, Allahabad on the basis of the letter issued by the Garrison Engineer having received Petrol Oil Lubrication on certain vouchers. A Court of Enquiry was convened by the Station Commander, Konark Ghat, Gorakhpur, where the petitioner was working as Motor Transport Clerk during the period when transaction of these vouchers were alleged to have taken place. According to the appellant, the Court of Enquiry was finalised by the General Officer, Commanding-in-Chief, Central Command, Lucknow and the appellant was directed to pay 35% of the total losses suffered. He deposited a sum of Rs. 2,103.50p. being his share. Thereafter, certain correspondence took place for issuance of no involvement certificate. According to the appellant certain other persons, who were also involved in the Court of Enquiry were also directed to deposit their share for the loses suffered and on depositing they were issued no involvement certificate by the concerned authority. When the appellant was not issued the no involvement certificate, he approached this Court by filling Civil Misc. Writ Petition No. 2594 of 1984, seeking a writ of mandamus commanding the respondents to issue no involvement certificate. While the aforementioned writ petition was pending before this Court, the Commanding Officer 7 Rajpootana Rifles served a charge-sheet dated 27.4.1984, purporting to be under Section 57(n) of the Army Act for an offence alleged to have taken place on 2.5.1983. According to the appellant, he was tried by Summary Court Martial on 26.5.1984 and was reduced in rank from Havaldar to Naik. After considering the report of the Summary Court Martial and the explanation given by the appellant Commander Sub-Area, Allahabad vide order dated 20.6.1984, dismissed the appellant from service on the finding that he had falsified the Garrison Engineer (Air Force), Gorakhpur indent bearing No. 701-A/281/EM, dated 1.10.1979 with the intention to defraud. The said order was challenged by the appellant by means of Civil Misc. Writ Petition No. 12932 of 1984, which had been dismissed by the learned Single Judge vide judgment and order dated 11.8.1993.
(3.) Since, the order of dismissal from service has been upheld by the learned Single Judge, the earlier Writ Petition No. 2594 of 1984, was also dismissed.;