UNION OF INDIA Vs. HARISH CHANDRA GOSWAMI

JUDGEMENT

(1.) The respondent herein was commissioned in the Indian Army in 1963 and in due course, was promoted on selection basis as Lieutenant Colonel and worked as Colonel till 7th October, 1989. He was a Commanding Officer in 316 Station Workshop (Maintenance) from 18th December, 1982 to 23rd February, 1986. Certain complaints were sent to the Chief of the Army Staff alleging irregularities on the part of the respondent in the local purchase of material for repair. A charge-sheet was framed against the respondent setting out as many as eight charges. The details thereof are wholly unnecessary for the purpose of this appeal.

(2.) The General Court-martial was convened and after trial, the respondent was found guilty on 2nd, 3rd, 5th and 7th charges and not guilty on 1st, 4th, 6th and 8th charges. He was awarded the sentence "to be cashiered" and to suffer RI for two years. The said sentence was confirmed by the concerned authority on 26-9-1989.

(3.) The respondent filed writ petition before the Delhi High Court challenging the entire Court-martial proceedings as well as the order of punishment. By its judgment dated 28-5-1992, the Delhi High Court upheld one of the contentions of the respondent while rejecting the other contentions. The only contention which was upheld was that the constitution of the Court-martial was not done by the Commanding Officer and thus Rule 37(3) of the Army Rules was violated. Consequently, it was held that the Court-martial has no jurisdiction to proceed with the trial and the entire proceeding was, therefore, vitiated. In the result, the High Court quashed the proceedings as well as the order of punishment.