Sub Subash Chander No. JC 579272, (S/o. Shri Devi Ditta) vs Union of India, through Secretary to Govt. Ministry of Defence

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 58

SANJEEV KUMAR
Sub Subash Chander No. JC 579272, (S/o. Shri Devi Ditta) – Appellant
Versus
Union of India, through Secretary to Govt. Ministry of Defence – Respondent

Advocates Appeared:
For the Petitioner: Mr. Ajay Abrol, with Ms. Manik Bhardwaj and Damini Chauhan.
For the Respondents: Mr. Vishal Sharma, DSGI.

JUDGMENT :

1. The petitioner is aggrieved of and has called in question order dated 9th September, 2004 passed by the respondents under Section 63 of the Army Act, 1950 [‘the Act’], whereby the petitioner has been awarded punishment of ‘severe reprimand’. The petitioner also seeks a direction to the respondents to refund a sum of Rs. 12000/- forcibly recovered by the respondents.

2. Briefly stated, the facts leading to filing of this petition are that, the petitioner who was enrolled as Sepoy in Indian Army on 31-03-1979, rose to the position of Subedar in the year 2003. As per the claim made by the petitioner, he earned all the promotions right from L/Nk to Subedar on the basis of his merit. The petitioner had a clean record of service throughout till one Captain P. K. Verma took over as Company Commander of the Company in which the petitioner was serving. It is alleged that Company Commander Capt. Verma indulged in various irregularities and illegalities in the Company which were objected by the petitioner being a senior most JCO in the Company. The raising of voice by the petitioner against Captain Verma ultimately became the basis for holding proceedings against the petitioner