Judgement

SIKRI, C.J.I.:- The judgment, reproduced below was drafted by the late Mr. Justice Roy and we all had subscribed to it. We heard the matter formally again on November 19, 1971. We adopt the judgment as our own.

2. This is an appeal by the Union of India by way of special leave.

3. On April 9, 1959, the Central Government directed removal from service of Capt. S. K. Rao under R.14 of the Army Rules, 1954. The facts leading to his removal are as follows:

4. Rao was a commissioned officer in the Indian Army and was attached to the Army Ordnance Corps Training Centre, Secunderabad. It was alleged that on April 4, 1958, he committed acts of gross misconduct. The allegations were as follows:

"Knowing Kumari Prakash as the daughter of a brother Officer, Rao assisted her in going away from her parents protection and planning to run away with a sepoy".

"Rao, by threatening to cause harm to Kumari Prakash s parents, intimidated her to visit his house where he took her in his scooter to the unit lines of 5/11 Gurkha Rifles where he arranged her meeting with a sepoy of the unit".

"He (i.e. Rao) acquiesced in the girl being met by the sepoy later at a tea shop nearby where she received a pre