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1987 Supreme(MP) 249

C.P.SEN, S.AWASTHY
A. K. HANDA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.K.RAVAT, FAKHRUDDIN, V.K.TANKHA

C. P. SEN, J.

( 1 ) BY this Order, M. P. No. 2292 of 1987 A. K. Handa and another v. Union of India and others is also disposed of.

( 2 ) THE petitioner is a commissioned officer in Indian Army, having been appointed on 9-2-1964 and he is at present holding substantive rank of Major. He was officiating as Lt. Colonel since 1-4-1984 and was posted as Commanding Officer, Depot Regiment (Corps of Signals) since 8-5-1984. For the year 1984-85, the GOC, MP B and O Area, headquarter Jabalpur, wrote an adverse confidential report dt. 16th May 1985 that while the petitioner's professional competence was very satisfactory and he appears to have had much potential, he would not vouchsafe for the officer's moral qualities, gets into shady financial deals with the money of his subordinates, and his integrity is questionable. Not likely to command respect. In view of this adverse confidential, he was reverted to his substantive rank of Major. The GOC also ordered Genral Court Martial (GCM) against him. The petitioner was charge-sheeted on 2-6-1986 in respect of the following three charges : (i) He dishonestly misappropriated a sum of Rs. 12,900/- belonging to Ex-Signalman (Sigmn) Kaj Naidu; (ii











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