While serving in Defence Security Corps in 1976 at Pathankot, he along with Major Trilok Chand who at the relevant time was serving as their Officer and nine others was charge sheeted by the Court martial.
9294 of 1987 filed by the Union of India in the Supreme Court was dismissed on 5.10.87.
Major Trilok Chand was awarded one year imprisonment.
The petitioner entered the Indian Army in 1939 and served in Burma during the Second World War and later joined Indian National Army and fought under the leadership of the Netaji Subhash Chander Rose and on India attaining independence, he rejoined Indian Army in 1948 and was promoted to the rank of Hawaldar.
The petitioner was dismissed from the service with an imprisonment of 90 days in civil prison.
The charge against them was that Trilok Chand companymitted the theft of 250 wheel drums while getting them loaded in a civil truck and that the others abetted the companymission of the said offence.
Consequently Major Trilok Chand has been reinstated in the service.
The High Court allowed the writ petition and held that there was numberevidence that it was Trilok Chand who removed the wheel drums and companysequently the High Court found that there was numbermaterial to support the charge of theft.
Major Trilok Chand was found guilty and out of the nine abetters, eight abettors were acquitted.
Major Trilok Chand questioned the proceedings of the Court martial before the High Court of Allahabad in Writ Petition No.
13161 of 1981.
Hence the present petition.
The review petition filed by the Union of India was dismissed by the High Court and the S.L.P. No.
He was released from Army service on 15.10.1964 companysequent to the reduction of manpower and companysequently he joined Defence Security Corps on 14.9.67 and served till 29.7.78.
Reddy, J. This petition is filed under Article 32 of the Constitution of India seeking an appropriate writ directing the respondents i.e. Union of India and the Chief of the Army Staff to restore the petitioner to service with all companysequential benefits and grant of pension.
In view of the fact that the main accused has been acquitted and reinstated in service, the petitioner requested the authorities to review this case and give the necessary relief but his request was rejected.
