Did on the Twenty ninth day of September one thousand nine hundred eighty nine at about 1402 hours strike Lieutenant Commander Special Duties Communication Man Singh Rawat 81917 Z his superior officer in the office of the Officer in Charge, Communication Centre, Delhi and thereby companymitted an offence punishable under Section 45 a of the Navy Act, 1957.
2680 each well knowing that the rate approved by him was higher than the prevailing market rate of 1147.50 each.
450 per tabel, with intent to defraud, vide companytract Agreement No.
They are At Dehradun on 22.2.1985, while employed as CWE, Dehradun and having already given technical sanction for Table dining OR FD 165 Rs.
10, on M s. Indow Traders, Transport Yard, Udhampur, at the rate of each well knowing that the rate approved by him was higher than the prevailing market rate of Rs.
10 on M s. Mushtak Hardware, Garhi Udhampur at the rate of Rs.
1329 each.
He was found guilty of charges 3 and 5.
Twelve charges were framed against B.S. Ahluwalia respondent in CA 7806/97 but the Court Martial found him guilty of charges 5, 7 and 10 and with certain variations of charges 1, 2 and 3.
The frame of door made out of angle iron 40x4x40x6mm thick door leaf duly fixed with three hinges of 4 to each leaf with two bow handle of 9 size and leaf made out of angle iron 32x32x6mm qty.
2218.72 which was higher than the prevail ing market rate.
20 on M s CDS Traders Malhard Road, Garhi Udhampur at the rate of Rs.
730 per table and thereby caused loss to the State to the tune of Rs.
Top plate 7x7xlOmm thick having 2 holes of 9/10 dia welded at tope cleats of angle iron 50x50x6mm 9 long 4 Nos.
413.56 per fan.
2680 each well knowing that the rate approved by him was higher than the prevailing market rate of Rs.
He, at field, on 1st Feb., 1991, when Garrison Engineer, 571 Engr.
429 each.
He sent a reply on 24.7.1991.
He, at field, on 12th March, 1991, when Garrison Engineer, 571 Engr.
Did on the Twenty ninth day of September one thousand nine hundred eighty nine at about 1402 hours behave in a disorderly manner in the office of the Officer in Charge, Communication centre, Delhi and thereby companymitted an offence punishable under Section 48 c of the Navy Act, 1957.
He, at field, on 12th Feb., 1991, when Garrison Engineer, 571 Engr.
12th Feb., 1991 for sal wood plants 3600mmx 225mmx 100mm qty.
570 each well knowing that the rate approved by him was higher than the prevailing market rate of Rs.
having two holes of 9/16 dia welded to the companyumn at place sq.
Consequently, it stood set aside.
However, the President of India by order dated 22.7.1992 under said Regulation 16 a forfeited 50 of the pensionary benefits.
1,38,800.
The appellants informed him on 7.5.1992 that the action will be taken soon pursuant to the show cause numberice issued.
2001 Supp 4 SCR 209 The Judgment of the Court was delivered by SHIVARAJ V. PAIL, J. In short the facts leading to filing of these appeals, are as stated below.
He was found guilty in respect of charges 2 to 5.
He forwarded papers on 29.6.1994 to the authorities for grant of pension.
and PGI sheets 27x20 duly fixed and welded provided with two lower bolt 6 sliding door belt duly fixed for looking arrangements.
Feeling aggrieved by the same, the appellants are before this Court in this appeal.
Since pension was number given to him, he filed Civil Writ Petition No.
On 22.2.1995, a show cause numberice was issued to him under Regulation 16 a of Army Pension Regulations for forfeiture of pension.
10, At Dehradun between 29.3.1985 and 5.7.1985, while employed as CWE, Dehradun, companytrary to the provisions of para 24 of the General companyditions of companytract IAFW 1815Z instead of claim ing companyposition from M s. Doon Furnishers for failure to company plete the work by due date, improperly allowed extension of time by 15 days and 30 days for phases I and II respectively.
CWE DDN/6 of 85 86, final ized a companytract agreement with Allied Traders for supply and fixing of ceiling fans at an exorbitant rate of Rs.
improperly accepted the companytract agreement with the altered rates as mentioned in the said charge.
Civil Appeal No.
The High Court quashed the order impugned in the writ petition and directed the appellants to reconsider and pass fresh orders in the light of certain directions given.
488 per fan, while DGS D companytract rate was Rs.
Civil Appeal No.
The High Court quashed the impugned order forfeiting his pension and directed the appellants for re consideration and passing fresh order.
Did on the Twenty ninth day of September one thousand nine hundred eighty nine at about 1403 hours use violence against Lieutenant Commander, Special Duties Communication Man Singh Rawat 81917 Z his superior officer in the office of the Officer in Charge, Communication Centre, Delhi and thereby companymitted an offence under Section 45 c of the Navy Act, 1957.
He was given a show cause numberice on 21.6.1991 under Regulation 15 2 of the Navy Pension Regula tions, 1964 as to why his pensionary benefits should number be forfeited.
2866/90 for amendment of the writ petition challenging the said order.
K. Malhotra respondent in CA 7808/97 was tried on eleven charges.
Five charges were framed against P.D. Yadav respondent in CA 7805/ 97 .
13th March, 1991 for front right hand side companyumn made out of ISMB 6x3xlO long welded with base plate 10xlOxlOmm thick having 4 holes of 7/8 dia and gusset plate 4x4x6mm thick welded to the base plate, top plate 7x7xlOmm thick having 2 holes of 9/10 dia welded atop, 4 cleats of angle iron 50x50x6 mm 6 long having 2 holes of 9/16 dia welded to the companyumn at places, qty.
Consequently he was ordered to be i cashiered ii to suffer rigorous imprisonment for six months and iii to forfeit all arrears of pay and allow ances and other public money due to him at the time of cashiering.
On 16.4.1991, a show cause numberice was issued under Section 16 a of the Pension Regulations of the Army Part I proposing forfeiture of pension on the ground that he was dismissed from service.
Civil Appeal No.
1147.50 each Rs.
25 on M s. Sharma Saw Mills Ram Nagar Chowk, Udhampur at the rate of Rs.
4 cleats of angle iron 50x50x6mm6 long having two holes of 9/10 dia welded to the companyumn at places qty.
Aggrieved by the said order of the High Court dated 4th March, 1997, this appeal is filed.
He was sentenced to be cashiered and his five years service was forfeited for the purpose of pension.
Since numberorder was passed for quite some time, he sent reminders to the authorities.
On revision he was number found guilty of charges 1, 6, 7, 8 and 11 but was found guilty of charges 2, 9 and 10 with exceptions.
The first two of the sentences were companyfirmed by the Chief of Army Staff on 12.2.1991 but the third one was remitted.
1250 each well knowing that the rate approved by him was higher than the prevailing market rate of Rs.
He was tried by General Court Martial between 26.5.1990 to 26.9.1990 on certain charges of misconduct.
The High Court partly allowed his writ petition and remanded the case giving certain directions to the appellants by the order dated 4.3.1997.
At Dehradun, on 21.6.1985, while employed as CWE, Dehradun with intent to defraud vide CA No.
10 on M s Bansi Dhar and Sone near Krishna Mandir, Adarsh Colony, Udhampur at the rate of Rs.
858 each.
He submitted papers for payment of pension stating that he had qualifying service.
1249/90 in the High Court on 3.3.1990.
Questioning this order, he filed Civil Writ Petition No.
Charges 2, 3,5,9 10 were held proved.
However, a show cause numberice was issued to him on 13.11.1992 under Regu lation 16 a of Army Regulations.
The orders passed by the President of India forfeiting pension were neither arbitrary number unreasonable in fact they were passed after taking into companysideration the nature of offences, the punishments awarded and all relevant factors.
7808 of 1997 The respondent herein entered Army service and was companymissioned on 12.6.1960.
3027/205/ IWS dt.
He filed Writ Petition No.
At the place and date mentioned in the Charge No.
1147.5 each.
The High Court by the impugned order quashed the order dated 22.7.1992 and directed the appellants to reconsider his case in the light of the directions given in the judgment.
He claimed to have sent a reply to the show cause numberice but the order was passed forfeiting his pensionary benefits stating that he had number sent any reply to the show cause numberice.
413.56 per fan, At Dehradun, on 21.6.1985, while employed as CWE, Dehradun with intent to defraud vide CA No.
1st Feb., 1991 for timber plank partal 11x11x8 3/4 free from cracks qty.
At the place and date mentioned in the charge 6 21.6.1985 improperly accepted the companytract agreement with the altered rates as mentioned in the said charge.
He retired from service on 31.5.1990 on attaining the age of superannuation.
He, at field, on 13th March, 1991, when Garrison Engineer, 571 Engr.
He was found guilty of the charges 2,3,4 and 5 and companysequently a penalty of dismissal from service was imposed on him on 26.2.1990.
After the filing of the said writ petition, an order was passed on 28.3.1994 forfeiting 50 of the pensionary benefits.
After trial by General Court Martial he was cashiered on 11.3.1994 and was directed to undergo rigorous imprisonment for two months.
Thirteen charges were framed against E.K. Sugathan respondent in CA 7807/97 and was found guilty of charges 6, 10,11 and 12 and of charges 1, 2, 3,4, 5, 7, 8 and 9 with certain variations.
498 per fan, while DGS D companytract rate was Rs.
13th February, 1991 for Steel door she 6 10 double leaf type each divided in the four parts for fixing of glass sheets of size 12 3/4x20 4 Nos.
Hence this appeal.
3027/183/IWS dated 12th March, 1991 for middle side made out of at 50x50x6mm welded to 6mm thick plate of size 14x7 1 number.
He submitted reply to the said show cause numberice.
After retire ment on 31.5.1990, he was initially paid provisional pension w.e.f.
16th March, 1991 for middle companyumn made of ISMB 6x3xlO long welded with base plate 10xlOmm thick having four holes of 7/8 dia and gusset plate 4x4x6mm thick having four holes of 7/8 dia and gusset plate 4x4x6mm thick welded to the base plate, top plate 7x7xlOmm thick having two holes of 9/10 welded at top.
3027/169 IWS dt.
Consequently there was revision in sentence also sentencing him to be cashiered, to suffer rigorous imprisonment for six months and to forfeit all the arrears of pay due to him at the time of his cashiering.
On account of certain alleged misconduct and irregularities, he was tried by General Court Martial on five charges.
On 17.2.1988, he was tried by General Court Martial on certain charges and was dismissed from service on 13.6.1988 under Section 71 of the Army Act.
He was tried by General Court Martial on the allegation of splitting purchase orders for shelters, to bring them within the financial limits and for making purchases at rates higher than scheduled and sanctioned rates.
He was promoted to Selection Grade rank of Acting Brigadier in December, 1986.
3027/ 185/IWS dt 12th March, 1991 for Rear companyner companyumn made out of ISMB 6x3xlO long welded with base plate 10xlOxlOmm thick having 4 holes of 7/8 dia and gusset plate 4x4x6mm thick welded to base plate.
2770 each well knowing that the rate approved by market rate of Rs.
He was number found guilty of charges 1, 2, 4 and 6 to 11.
However, without waiting any further, he filed a writ petition on 20.1.1993 in the High Court.
60 on M s Akbar Furniture House and Saw Mills, Garhi, Udhampur, at the rate of Rs.
The said charges 2 to 5 are Did on the Twenty ninth day of September one thousand nine hundred eighty nine at about 1401 hours willfully disobey the lawful companymand of Lieutenant Commander Special Duties Com munication Man Singh Rawat 81917 Z , his Superior officer in the office of the Officer in Charge?
1.6.1990.
3027/199/IWS dt.
10, on M s. Veekay Enterprises Dhar Road, Udhampur at the rate of Rs.
cleats angle iron 50x50x6mm 4 long having two holes 9x16 dia welded to truss for fixing of purlin at places qty.
The said charges are He at field between 28th January, 1991 to 6th March, 1991 while being Garrison Engineer 571 Engr.
at Joints, 6 cleats of AI 60x50x6mm 6 long welded attend to each truss having 9/16 dia hole for fixing companyumns 6 number.
He sent a reply to the said numberice.
CWE CLT/7 of 85 086 finisalised a companytract agreement with M s. Allied Traders for supply and fixing of ceiling fans at an exorbitant rate of Rs.
7806/1997 The respondent was companymissioned in the Indian Army on 30.6.1963 and was due to retire on 31.3.1989.
7807 of 1997 The respondent was companymissioned in the Army as Engineer Graduate Officer on 11.1.1968.
A final order was passed by the President on 4.1.1994 forfeiting the entire pensionary benefits.
1650 each well knowing that the rate approved by him was higher than the prevailing market rate of Rs.
CWE CLT/23 of 84 85, entered into an agreement with M s. Doon Furnishers for 496 dining tables Rs.
Communication Centre, Delhi when ordered to go out of the said office and to companye afterwards and thereby companymitted an offence punishable under Section 47 a of the Navy Act, 1957.
He, at field, on 12th March, 1991, when Garrison Engineer, 571 Engr, Park with intent to defraud placed the supply order No.
7805/1997 The respondent here in joined Navy as a Sailor in April, 1965 and was companymissioned in October, 1980.
3027/148/ IWS dt.
He, at field, on 16th March, 1991, Garrison Engineer, 571 Engr.
Civil Appeal No.
