IMPORTANT POINT
Power of judicial review in matter of disciplinary proceedings is extremely limited – It is circumscribed by limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.

JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal filed by the appellant under Section 30(1) of the Armed Forces Tribunal Act, 2007 is directed against the impugned judgment and order dated 30.09.2019 passed by the Court No. 2 Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as “the Tribunal”) in O.A. No. 32 of 2019 with M.A. No. 645 of 2019, whereby the Tribunal has dismissed the said O.A. filed by the appellant. The O.A. No. 32 of 2019 was preferred by the appellant before the Tribunal challenging the charge-sheet dated 19.11.2018 containing three charges pertaining to the appellant having behaved in a manner unbecoming his position and the character expected of him, under Section 45 of the Army Act, 1950 and challenging the order dated 22.11.2018 passed by Convening Authority directing the trial of the appellant by way of General Court Martial (GCM).

2. The short facts leading to the present appeal are that the appellant was commissioned as an officer in the Indian Army in 14 battalion of the Rajputana Rifles (Infantry) on 07.12.1996. On 13.08.2015, Col. Ramneesh Pal Singh, a close friend and colleague of the appellant wrote a letter to Brig. Ajav Vig which is reproduced hereunder:

“CONFIDENTIAL

Colonel Ramneesh Pal Singh

Rifles

Commanding Officer

14th Battalion the Rajputana

PIN-912014

C/o 56 APO

RPS-156206/Pers

Dated: 13 August 2015

Brig Ajav Vig

Cdr

79 Mtn Bde

Pin-908079

C/o 56 APO

COMPLAINT IN R/O IC 56663 COL ANIL K. GUPTA

1. I am writing, this letter to bring to your notice an act of stealing brother officer’s affection by LC 56663, Col Anil K Gupta. The officer is presently posted at HQ DG NCC in New Delhi, tenanting the appt of Dir NCC (PLU) COORD.

2. The offr has been sending indecent msgs to my wife, which sexually explicit in nature and there is reasonable cause to believe it they have indulged in illegitimate physical relationship My Wife, Mrs. Sugandhi Aggarwal has been equally involved and has reciprocated positively to these msgs. The offr vis my house in Delhi on 13th Jul 2015, after lying to his wife about some official social engagement and was present there from 2030H, for approx. two hours.

3. With regard to my marriage, I intend initiating divorce proceedings in the civil court, based on charges of infidelity. However, I would request you to initiate suitable inquiry into the incident and take up case for disep action against the offr, as deemed fit. May I also request you to initiate the process for forthwith posting out of Col AK Gupta from Delhi.

With warm regards

Sd/-

CONFIDENTIAL

Sd/-

31.10.2015

Sd/-

31.10.2015

Sd/-

31/10 XV.”

3. Consequent to the said letter, a Court of Inquiry was conducted by the HQ Delhi Area to investigate into the complaint made by Col. Ramneesh Pal Singh. The said Court of Inquiry was finalized on 11.11.2016 with the directions of GOC Delhi Area to initiate disciplinary proceedings against the appellant. After the hearing of the Charge in terms of Army Rule 22, on 24.07.2017 directions were given for recording the Summary of Evidence. On the completion of Summary of Evidence, a prima-facie case was made out against the Appellant and accordingly, three charges were framed against the appellant with regard to he having behaved in the manner unbecoming his position and character expected of him, under Section 45 of the Army Act vide the charge-sheet dated 19.11.2018. Consequent thereto, on 22.11.2018 the Convening Authority directed the trial by General Court Martial.

4. The appellant vide his letter dated 04.01.2019 addressed to the Convening Authority, raised an issue pertaining to the period of limitation in terms of Section 122 of the Army Act, however, since the directions for trial were given, he was advised to raise the issue before the General Court Martial. The appellant, thereafter on 07.01.2019, filed an Original Application being no. 32/2019 before the Tribunal under Section 14 of the Armed Forces Tribunal Act, 2007, challenging the charge-sheet dated 19.11.2018 as