Union Of India & Ors vs Ranbir Singh Rathaur & Ors. Etc.Etc

Present appeals relate to the 2 officers punished by General Court Martial and the de-linked appeals relate to 7 officers out of 13 officers whose services were terminated under Section 18 of the Act. The remaining 3 officers were not found blameworthy and no action was taken against them and they continued in the Army. Out of 4 JCOs services of (3 JCOs) were terminated administratively and against 1 officer no action was taken. Out of 19 others, 6 were tried by General Court Martial and were convicted and sentenced for various descriptions of imprisonment. Services of 9 others were terminated by administrative order and the rest 4 were let off and no action was taken against them.

On 22.10.1980 Criminal Writ Petition No. 90 of 1980 was filed by Ex Captain Rana. On 4.6.1981 Criminal Writ Petition No. 90 of 1981 came to be dismissed by the Division Bench of Delhi High Court. It was observed that a number of points were raised on points of law and jurisdiction. It did not want these matters to be left undecided, therefore, arguments were heard on these points and were dealt with.

On 19.2.1982, SLP (Crl.) No.2320 of 1981 filed by Capt. A.K. Rana against the order dated 4.6.1981 came to be dismissed.

On 24.8.1978 Capt. Ranbir Singh Rathaur was arrested and taken into custody on the basis of information collected by the Military Intelligence that Ranbir Singh Rathaur had been indulging in acts of espionage by passing secret and classified military information to agents of a foreign country. On 28.3.1979 Smt. Swaran Rathaur, wife of Capt. Ranbir Singh Rathaur filed a Habeas Corpus Petition under Article 32 of the Constitution of India, 1950 (in short the 'Constitution') in this Court being Criminal Writ Petition No. 294/79, inter alia, seeking the following reliefs:

On 2.8.1979 Rathaur was convicted and sentenced to 14 years rigorous imprisonment. In 1981 Rathaur filed a Criminal Writ Petition being Crl.W.P. No. 9 of 1981 in the Delhi High Court challenging the Court Martial proceedings. On 23.3.1982 the High Court vide its order dated 23.3.1982 dismissed the petition of Rathaur relying upon its earlier decision in Criminal Writ No. 90 of 1980 dated 4.6.1981. In 1985 SLP (Crl.) 3573/85 against the Order dated 23.3.1982 of the High Court in Crl.W.P. No. 9 of 1981 was filed by RS Rathaur. In 1985 Rathaur filed a Writ Petition in this Court being Criminal Writ Petition No.1577 of 1985 again challenging the legality of the court martial proceedings, the sentence passed and the confirmation thereof. It was alleged that the court martial proceedings and sentence passed were arbitrary, illegal and that the procedure followed was in violation of the Act and the rules made thereunder.

On 23.1.1987 the Review Petition filed by Rathaur in respect of the order of this Court dated 10.2.1986 in SLP (Crl.) No.3573 of 1986 and the order dated 28.4.1986 in Criminal Writ Petition No.1577 of 1985 (Review Petition Nos. 493 of 1986 and 463 of 1986 respectively) were dismissed.

On 17.10.1996 the present appellants filed an affidavit taking the preliminary objection relating to the maintainability of the Writ Petition in view of the fact that the earlier Writ Petition of Rathaur had already been dismissed by the High Court on 23.3.1982 and the Special Leave Petition as well as Review Petitions preferred against the same were also dismissed by this Court.

In 1985, one of the writ petitioners Sri N.D. Sharma filed LPA being LPA No. 116 of 1985 against the order of dismissal. On 19.8.1986 the said LPA came to be disposed of by quashing the 5% cut, however, orders of termination of services were maintained.

In 1986 Sri N.D. Sharma preferred SLP(C) No. 13195 of 1986 against the order dated 19.8.1986. On 27.2.1987 SLP(C) No. 13195 of 1986 was dismissed. In 1992 Sri N.D. Sharma filed a fresh Writ Petition being Civil Writ Petition No. 3107 of 1992 before Delhi High Court. On 7.9.1992 Writ Petition No. 3107 of 1992 was dismissed on the ground of delay. In 1995 writ petition No. 4585 of 1995 was dismissed.

Similar petition has been dismissed by the Division Bench in the case of Subhash Juneja v. Union of India (CW 271/95) as the said petitioner tried to re-open the decision which had attained finality. In 1997, Review Petition was filed against the order of dismissal being RP No. 5897 of 1997. On 7.11.1997 RP No. 5897 was dismissed.