HARJEET SINGH SANDHU Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The petitioner, Captain Harjeet Singh Sandhu, has filed this writ petition under Article 226 of the Constitution of India with a prayer for issuing a writ in the nature of certiorari and quashing the order dated 2nd January, 1984 by which his services has been terminated. The order is Annexure-VIII to the petition.

(2.) The brief facts of the case are that in the night intervening 27th and 28th March, 1978, the petitioner along with three other Officers interrogated One Bhagwan Dass, who was also a defence employee, in connection with an incident of theft During the course of the interrogation the petitioner and his other associates used third degree methods in order to extract a confession. As a result of the force used, Bhagwan Dass died. The petitioner along with three other Officers were tried by General Court Martial (G.C.M,) and verdict of guilty was given on 22nd December, 1978 vide Annexure-l The petitioner was awarded the sentence to forfeiture of three years service for the purpose of promotion and was severely reprimanded. The Convening Authority found the punishment inadequate and ordered the revision of the sentence awarded to the petitioner. This order is Annexure-II. In pursuance of the order Annexure-II the G.C.M. re-assembled and by order dated 10th May, 1979 increased the sentence to forfeiture of three years of service far the purpose of promotion, for the purpose of increased pay and for the purpose of pension. The order of enhanced punishment is Annexure-VIII.

(3.) On 24th September. 1979 Chief of the Army Staff passed an order Annexure-IV annuling the G. C. M. proceedings under Section 165 of the Army Act (hereinafter called the Act) on the ground that the proceedings were "unjust". On 20th December, 1979 the petitioner received a show cause notice under Section 19 of the Act read with Rule 14 of the Rules framed under the Army Act, calling upon him to show cause as to why his services be not terminated. The notice is Annexure-V and was replied by the petitioner vide Annexure-VI. After taking legal advice notice Annexure-V was cancelled but a fresh notice was served on the petitioner on 16th July, 1982 which is Annexure-VII to the petition. The petitioner submitted reply Annexure-VII-A and on 2nd January, 1984 order Annexure-VIII dated 2nd January, 1984 was served on the petitioner by which his services were terminated. The petitioner has therefore tiled the present writ petition for quashing order Annexure-VIII.