The appeal is preferred against the judgment of the Delhi High Court allowing the writ petition filed by the respondent and directing the Union of India to disburse the retrial benefit such as pension, gratuity etc as permissible under the Rules to him within one month from the date of the judgment.
He was tried by a General Court Martial and awarded three years rigorous imprisonment and was also cashiered.
Since the retrial benefits were number paid to him, he approached the Delhi High Court by way of Writ Petition No.
He earned promotions in due companyrse and retired in the rank of Brigadier on December 31,1991 on attaining the age of superannuation.
It was further directed that respondents claim for payment in respect of encashment of 202 days annual leave shall be dealt with and decided in accordance with the Rules and the amount found payable shall be paid to him within the same period.
Since the retrial benefits due to him were number paid, he laid a claim therefor.
While so, in January 1992, disciplinary proceedings were initiated against him.
Heard learned Additional Solicitor General for the appellant Union of India and the learned companynsel for the re spondent.
The High Court held, following the decision of this companyrt in Major G.S.Sodhi v. Union of India 1991 2 SCC 371 , that cashiering does number by itself result in forfeiture of the retrial benefits and accordingly allowed the Writ Petition and gave the direction aforementioned.
The findings of the Court Martial were companyfirmed by the chief of Army staff and have become final.
The respondent joined the Army as a Commissioned Officer on June 12,1960.
The claim for interest on the said amount was however rejected.
Leave granted.
5414 of 1993.
