Judgment :

Dr. Mukundakam Sharma, J.

1. This Civil Appeal is directed against the judgment of the High Court of Jammu & Kashmir dated 2.4.2002. By the aforesaid order, the Division Bench of the High Court upheld the order of the learned Single Judge of the High Court of Jammu & Kashmir, dismissing the Writ Petition and upholding the order of conviction of the appellant by the General Court Martial (GCM) for defrauding the Army and sentence of one year of rigorous imprisonment and also of cashiering him from service.

2. The appellant was a Commissioned Officer in the Indian Army working at the relevant time at Leh. He was working as a Garrison Engineer, 865 EWS, where he invited offers from private parties to supply the garrison with Diesel Generator (DG) sets and to make other repairs and replacement.

3. On 29.11.1994 he entered into an agreement with M/s Surjit Singh Sokhi to repair two DG Sets at FRL Powerhouse at Leh for Rs. 2.29 lakh and to repair LT cables at Nimmuy area Leh for Rs. 2.49 lakhs. On 30.11.1994 he entered into an agreement with M/s Mohd Sultan and Bros. to replace LT cables and providing an ACR conductor and to replace parts of two DG Sets for Rs. 2.48 lakhs. Auth