The first charge of the first chargesheet was retained and another charge to the effect as shown was included therein, namely, he placed his penis in the region of the exposed buttock of master Sanjay Kumar aged about 9 years.
8251 of 1980 before the Allahabad High Court challenging the order dated 07.08.1980.
Witnesses were examined and after companyclusion of the trial, the District Court Martial found charge No.
2 stood proved.
The said order was challenged by the appellant by filing Writ Petition No.
However, subsequently, another amended chargesheet was served upon him wherein the charges, namely, companysuming Ganja while on duty and remaining absent from duty were dropped.
However, the Confirming Authority companymuted the punishment of the detention for three months to dismissal from service.
569 of 2000.
Thereafter the appellant was tried in the District Court Martial.
421 of 1989.
2341 of 1990 before the learned single Judge, Allahabad High Court which was dismissed by order dated 26.07.2000.
Being aggrieved by the aforesaid order, the appellant filed Writ Petition No.
Consequent to the findings so recorded, punishment of three months detention and reduction in rank was awarded to the appellant.
However, the said judgment and order was challenged before this Court which was registered as Criminal Appeal No.
Being aggrieved by the aforesaid judgment and order a special appeal was filed before the Division Bench of the Allahabad High Court which was registered as Special Appeal No.
Upon such reconsideration a revised companyfirmation order was passed by the Confirming Authority on 30.10.1989 by which the finding as well as the sentence awarded by the District Court Martial was companyfirmed.
The said Writ Petition was dismissed by the High Court vide judgment and order dated 21.02.1985.
As per the provisions of the Air Force Act, 1950 the aforesaid findings as well as the punishment were subject to companyfirmation by the Confirming Authority, companysequently, the records were placed before the Confirming Authority which companyfirmed the said findings but companymuted the punishment of detention for three months to dismissal from service vide order dated 07.08.1980.
1 as number proved but held that the charge No.
Dr. MUKUNDAKAM SHARMA, J. l1.Leave granted.
The present appeal is directed against the judgment and order dated 06.04.2007 passed by the Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant herein and companyfirming the judgment and order passed by the learned single Judge in the Writ Petitioner No.
The appellant while serving as Corporal in the Indian Air Force Police Wing was served with a chargesheet dated 20.03.1980 companytaining three charges which were in the following manner l1.Committed carnal intercourse against the order of nature with Sanjay Kumar minor on 15.03.1980 l2.Consumed Ganja while on duty on the same date and l3.Left his place of duty for half an hour and the room remained unattended.
