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DALVEER BHANDARI, T.S.THAKUR
Charanjit Lamba – Appellant
Versus
Commanding Officer, Southern Command – Respondent
Question 1? Question 2? Question 3?
Key Points: - Appellant charged under Army Act Section 52(f) and Section 45 for misconduct and unbecoming; punishment of dismissal from service upheld. (!) (!) (!) (!) - Judicial review principle: Writ Court does not act as appellate authority; may intervene only if punishment is outrageously disproportionate to gravity of misconduct. (!) (!) - Doctrine of proportionality as ground for review; High Court erred in interfering with disciplinary punishment. (!) (!) (!) - Facts: appellant falsely claimed transport charges; default on electricity bill; findings of GCM and confirmation by authorities; overall punishment deemed not outrageously disproportionate. (!) (!) (!) (!) (!) - Cited precedents establishing proportionality and judicial review standards (Bhagat Ram, Ranjit Thakur, Hind Construction, M.P. Gangadharan, etc.). (!) (!) (!) (!) (!)
JUDGMENT
T.S. Thakur, J. —
1.This appeal by special leave arises out of an order dated 15th September, 1998 passed by the High Court of judicature at Bombay whereby Criminal Writ Petition No.489 of 1997 filed by the appellant has been dismissed and the order of dismissal from service on proved misconduct affirmed. The factual matrix giving rise to the disciplinary proceedings against the appellant and his eventual dismissal from service has been set out by the High Court in the order under appeal. We need not, therefore, re-count the same over again. Suffice it to say that the appellant who at the relevant time was serving as a Major in the Indian Army was consequent upon a finding recorded against him in a Court of Inquiry brought up for trial before a General Court Martial (GCM for short) on the following two distinct charges:
FIRST CHARGE ARMY ACT SECTION 52(f).
SUCH AN OFFENCE AS IS MENTIONED IN CLAUSE (f) OF SECTION 52 OF THE ARMY ACT, WITH INTENT TO CAUSE WRONGFUL LOSS TO A PERSON
In that he, at field on 30th Jul 92, with intent to cause wrongful gain to himself, improperly claimed Rs.16,589.30 (Rs. Sixteen thousand five hundred eighty nine and paise thirty only) from CDA (Q) Pune
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