LT COL J S SEKHON Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner a commissioned officer in the Indian Army was tried by a General Court Martial. He was convicted and sentenced to undergo one year rigorous imprisonment besides cashiering. The sentence was pronounced by the General Court Martial on 24-9-1998. The proceedings and the findings returned by the General Court Martial have been challenged by the writ petitioner on various grounds. Few facts necessary before dealing with the grounds of challenge are that the petitioner was commissioned in the Army in December, 1975. He remained posted at Leh from June, 199 3/02/1995 as Garrison Engineer. The charge against the petitioner is that during his tenure as Garrison Engineer, Leh, he with an intent to defraud entered into contract agreement with M/s. Surjeet Singh Sokhi on 29-11-94 for carrying out repairs of two DG sets installed at FRL Power House, Leh at the cost of Rs. 2.49 lakhs and for repair and replacement of parts of DG sets located at Nimmu at the cost of Rs. 2.49 lakhs and also for carrying out repairs and replacement of LT Cables, service connections and security lights at Nimmu area Leh, amounting to Rs. 2.49 lakhs. Another charge against the petitioner is that on 30-11-1994, he with an intent to defraud entered into contract agreement with M/s. Mohd. Sultan and Brothers, Leh for replacement of items such as LT Cable providing ACR conductor etc. at an exorbitantly higher cost than permissible under the standard schedule-rates. He also entered into another contract on 30-11-1994 with M/s. Mohd. Sultan and Brothers, Leh at the cost of Rs. 2.48 lakhs for repair and replacement of parts of two Kirloskar, Cummins DG Sets. He also charged on two more accounts but these were not proved, therefore, it is not necessary to deal with them.

(2.) The General Court Martial found - the above charges proved and after holding him guilty passed the order of conviction subject to confirmation.

(3.) The proceedings and the order of sentence passed by the General Court Martial on 24/09/1998 has been challenged by the petitioner on the following grounds:-