JUDGMENT

Hemant Gupta. J.

1. Delay condoned. Appeals admitted.

2. Criminal appeals arising out of Diary No. 9218 of 2016 are filed by the Union of India whereas; criminal appeals arising out of Diary Nos. 7204 of 2016 and 7205 of 2016 are filed by accused - Neeraj Kumar Dhaka and Sandeep Kumar respectively.

3. The challenge in the appeals filed by the Union of India under Section 30 of the Armed Forces Tribunal Act, 2007 [Act] is to an order passed on December 12, 2013 by the Armed Forces Tribunal [Tribunal] setting aside the order of conviction & sentence and of dismissal consequent to District Court Martial [DCM] proceedings conducted against the respondents [hereinafter referred to as the 'accused']. The Tribunal passed an order for reinstatement of both the accused but it was also ordered that the accused shall not be entitled to any back wages for the period they were out of service. The other two appeals are against the order passed by the Tribunal declining back wages to the accused in those appeals.

4. The Tribunal found that the findings recorded by the DCM that the charge against the accused was the theft of two pistols [(i) Pistol Browning 9mm, Butt No.1 - Reg. No. T-5251; an