M.Katju, A.C.J. - (1.) This Full Bench has been constituted by the order of Hon'ble the Acting Chief Justice on a reference made by a learned Single Judge dated 12.3.2004 as the learned Single Judge was of the opinion that there were contradictory Division Bench judgments of this Court by Division Bench decisions in SarojMahanta (Mrs.), Li. Colonel v. Union of India, 2003 (3) ESC 1419, and in Kailash Nath Tiwari v. Union of India, Special Appeal No. 997 of 1995, decided on 9.1.2002.
(2.) The short question in this case is whether this Court has jurisdiction to decide this petition.
(3.) The petitioner/accused was serving in the Indian Army, While on duty at Kanchanpara at Calcutta in West Bengal, he was given a charge-sheet by Lt. Col. S. Ganguly of 1841 Light Regiment in which the following charge was levelled against him under Section 64 (e) of the Army Act: "Obtaining for himself a gratification as motive for procuring the enrolment of a person in that he, at Kanchanpara, on 3.1.1999, while working as a clerk in the branch recruiting office, Kanchanpara obtained a sum of Rs. 14,500/- (rupees fourteen thousands and five hundred only) by demanding from Sri Babu Mandal son of Sri Niyta Gopal Mandal, a gratification as a motive for procuring enrolment of the said individual.";