CWP No.18090 of 2008 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. CWP No.18090 of 2008 Date of decision: 20.10.2008 Sher Bahadur Singh ...Petitioner Versus Central Government and others ...Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. C.S.S. Sisodia, Advocate, for the petitioner. Rajan Gupta, J. This writ petition has been preferred by one Sher Bahadur Singh wherein he has prayed for issuance of a writ in the nature of certiorari for quashing the proceedings of Summary Court Martial held on 23rd February, 2007, Annexure P-4 whereby the petitioner was ordered to be dismissed from service and reduced in rank. He was also ordered to undergo rigorous imprisonment for three months in civil jail. The petitioner has also sought quashing of Annexure P-6, an order dated 29th May, 2008, passed by the Appellate Authority. The petitioner has submitted in the writ petition that he was recruited as Gunner (Clerk) in the Army. After completing his training, he was posted at Training Artillery Centre, Hyderabad. He thereafter served at various places and participated in operation RHINO, operation CWP No.18090 of 2008 2 RAKSHAK and operation PARAKRAM. Thereafter, he was posted in 218 Medium Regiment. According to the petitioner, in the said Regiment, there was rampant corruption. The petitioner being an honest person used to send written complaints to the senior authorities for the illegal activities going on in the unit. It was because of this reason that he was implicated in a false case under Section 52 (f) of the Army Act. The allegation against the petitioner was that he caused wrongful gain to himself by getting a sum of Rs.2,16,000/- credited in his own account. Thus, disciplinary proceedings were initiated against him and a charge-sheet was served. The petitioner pleaded guilty and punishment of reduction in rank, dismissal from service and rigorous imprisonment for three months was imposed upon him. He thereafter preferred the statutory appeal before the appellate authority which has been decided vide order dated 29th May, 2008, Annexure P-6. We have heard learned counsel for the petitioner. The learned counsel has assailed the orders on the ground that punishment has been imposed upon him on the basis of his confessional statement. However, the petitioner's signatures were obtained on a blank paper. Thus, no confession was in fact made by the petitioner. The counsel has further argued that Court Martial proceedings were not conducted according to law and full opportunity of hearing was not granted to the petitioner. Moreover, the amount which is alleged to have been misappropriated, had been returned and disbursed to the individuals who were entitled to the same. Besides, the CWP No.18090 of 2008 3 petitioner has been falsely implicated as he had been making written complaints regarding the corruption going on in the unit. We have perused the Summary Court Martial Proceedings, Annexure P-4 and the order passed by the appellate authority, Annexure P-6. It appears that the petitioner confessed his guilt to the Sub Unit Commander and thereafter before the Summary Court Martial during the proceedings before it. After dismissal from service, the petitioner filed a mercy petition dated 15th March, 2007 before GOC-IN-C HQ Western Command wherein he again admitted his guilt. Thereafter, the petitioner also returned the entire amount of Rs.2,16,000/-. It is also clear that at the relevant time, the petitioner was performing the duties of Sub Unit Clerk which included preparation of documents pertaining to pay and allowances as well as bank payment slips of troops. Thus, the stand of the petitioner that he had nothing to do with the accounts, is devoid of force. After giving careful thought to the entire matter, we are of the considered view that no interference is called for in writ jurisdiction in the finding of fact arrived at by the two authorities below. This apart, a perusal of the record shows that sufficient opportunity was granted to the petitioner during the course of proceedings before the Summary Court Martial to lead his defence. It is after consideration of the entire evidence that the Summary Court Martial came to the conclusion that the petitioner was guilty of the charges levelled against him. CWP No.18090 of 2008 4 No legal infirmity has been pointed out with the impugned orders. The writ petition is thus dismissed. (RAJAN GUPTA) JUDGE (ASHUTOSH MOHUNTA) JUDGE October 20, 2008 'rajpal'