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PUSHPENDRA SINGH BHATI
Gyan Bahadur Chhetri S/o Shri Heera Bahadur – Appellant
Versus
Union of India – Respondent
JUDGMENT :
PUSHPENDRA SINGH BHATI, J.
1. This petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
Any other order may also kindly be passed which appears to be just in favour of the petitioner.”
2. Brief facts of the case, as placed before this Court by learned counsel for the petitioners, are that the petitioners, while being posted at Army Units located at Bikaner, the General Court Martial (GCM) proceedings were initiated against them by the respondent no. 3-General Officer Commanding vide order 26.05.2016. The charge-sheet dated 19.05.2016 was served upon the petitioners, alleging two charges against the petitioners; first charge was under
The principle of double jeopardy and the authority of the Confirming Authority to confirm findings and sentences under the Army Act.
Termination of service is permissible under Section 10 of the Border Security Force Act when the trial is deemed impracticable or inexpedient, especially after non-confirmation of charges by the Conf....
A valid conviction in a military trial, even if unconfirmed, prohibits retrial under the Air Force Act.
Confirming authority must provide clear justifications for disagreeing with Security Force Court findings and follow principles of natural justice in disciplinary actions.
The DG did not lack jurisdiction to issue the show-cause notice for termination under Rule 20 of the BSF Rules, 1969.
The sharing of sensitive information by a military officer, jeopardizing security, constitutes willful negligence warranting reprimand, regardless of prior findings of not guilty.
The convening authority of a Court-Martial must have command over the accused; failure to establish this renders the proceedings ultra vires, necessitating retrial.
The appeal was allowed due to jurisdictional errors and procedural improprieties in the Court-Martial, necessitating a retrial.
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