Union Of India & Ors vs Bodupalli Gopalaswami

2. The first respondent was the officiating Commandant and later the Commandant of 227 Company ASC (Supply) Type `G', Ambala Cantonment (hereinafter referred to as the `Supply Depot') from 19.10.1988 to 26.6.1990. The supply depot had three sections - Dry Rations, Fresh Rations and Butchery. The appellant as the Commandant was in overall charge of the supply depot. As per the standard operative procedure for the Butchery, the following staff were detailed for operation:

3. On receiving complaints about irregularities in the butchery, a team of three officers from the Central Bureau of Investigation and two Army Officers carried out a raid/surprise inspection of the butchery on 14.2.1990, with the prior permission of the second respondent. They intercepted eleven vehicles belonging to different units returning from butchery after collecting meat and checked the meat for quality and quantity. They also inspected the butchery. The Report of the Inspection Team disclosed certain irregularities in the quality of the dressed meat supplied by the contractor, (which were being issued to the indenting units), maintenance of live stock and 3 supervision. As a consequence, the officials of the Butchery were all separately charge-sheeted.

4. The first respondent, who was the Commandant of the Supply Depot was also issued a charge-sheet dated 30.12.1992 containing the following charges :

at Ambala Cantonment, during the period from 11th March 1990 to 22nd March 1990, while Commanding 27 Company supply (ASC), failed to ensure that stock of reserve animals was maintained in the butchery of the said company as per para 51(a) of Special Conditions of the Contract deed for the period from 1st May, 1989 to 31st March, 1990, consequently no animals were held in reserve in the said butchery during that period.

Charges 1 and 2 related to what was found during the inspection on 14.2.1990. Charges 3 and 4 related to failure to maintain adequate animals in 5 reserve subsequent to 14.2.1990. Charge 5 related to miscellaneous omissions and commissions generally based upon what was observed during the inspection on 14.2.1990.

5. On 14.1.1993, a direction for trial of the first respondent by General Court Martial (`GCM' or `Court Martial' for short) was issued. On the same day, an order convening the GCM was issued by the third appellant. The trial commenced on 22.1.1993 and concluded on 30.7.1993. At the end of the trial, the GCM found the first respondent not guilty of the second and third charges, but guilty of the first charge, fourth charge and item (c) of the fifth charge. On that basis, the GCM imposed the sentence of dismissal from service on first respondent on 30.7.1993.

23. We may now consider the first charge. The charge that has been held to have been proved is an offence under section 52(f) of the Act that is while commanding the supply depot, the first respondent being the Contract Operating Officer for dressed meat, with intent to defraud, caused the acceptance of meat from the contractor with heart as part of meat between 1.5.1989 and 31.3.1990, knowing that the same was not acceptable part of the carcass as per para 86 of the Special Conditions of Contract. What was 26 established was that when the butchery was raided and the meat issued to units were inspected on 14.2.1990, it was found that out of the dressed meat weighing 1411.2 kgs. that was issued to various units, the weight of hearts found as part of the meat was 14.5 kgs. The Supervisory Officer and Veterinary Officer have been charged and punished in this behalf. The case against the first respondent was not that he had instructed heart to be accepted as part of dressed meat nor is it the case that heart was being regularly accepted as part of dressed meat from the contractor. The case against first respondent was that when the butchery was being inspected on 14.2.1990, the first respondent as Commandant visited the butchery and during discussions with the inspecting officers made an observation that to the best of his knowledge, heart was an edible offal and could be issued on demand of units and also reiterated the said observation in his confidential report dated 15.2.1990. Making of the said remark has been interpreted as the first respondent accepting meat from the contractor with heart as part of the dressed meat, knowing well that heart was not acceptable part of carcass;

This is not one of them. We, therefore, find no reason to interfere with findings of guilt regarding changes 1, 4 and 5(c).

26. Charge 5(c) is that the appellant failed to implement the standard operating procedure for butchery which required passed animals to be segregated and not allowed to mix with the other animals of the contractor.

29. We accordingly dispose of the appeals as under :

The respondents are directed to process and settle his pension claim within six months.

(iv) The first respondent will not be entitled to any back-wages from the date of his dismissal to the date of his superannuation, as a consequence of his dismissal being set aside.

.............................J [R. V. Raveendran] .............................J [P. Sathasivam] New Delhi;

September 12, 2011.