Judgment

M.K. MUKHERJEE, J.

(1) SPECIAL leave granted.

(2) THE two short questions that are required to be answered in these appeals are: (i) whether a person who is subject to the Army Act, 1950 (Act for short) can be dismissed from service for committing an offence under the Act even after he had retired on attaining the age of superannuation? and (ii) whether a Junior Commissioned Officer of the Indian Army who has to his credit the minimum period of qualifying service required to earn a pension or gratuity is eligible for the same in case he is dismissed from service under the provisions of the Act? The questions arise in the wake of the following undisputed facts.

(3) WHILE employed as a Junior Commissioned Officer in the Indian Army the respondent herein was placed under closed arrest on 7/8/1990 pending his trial by a General court-Martial for an offence under Section 64(e) of the Act. Since the respondent was due to retire on 31/8/1990 on attaining the age of superannuation the Army authorities passed an order on 23/8/1990, extending a his subjection to the Act till completion of the trial. In the trial that commenced from 1/11/1990 and en