On 27.08.2001, AOC in C Head Quarters, Maintenance Command companyvened a District Court Martial for trial of the Respondent.
and quantity 200 Ltrs.
on 02.05.2000.
The misappropriated items were disposed in the civil area.
The AOC in C ordered evidence to be recorded in writing.
was misappropriated by the Respondent and the then Corporal G.S. Mani, Equipment Assistant.
The Respondent was enrolled in the Indian Air Force in the trade of Equipment Assistant on 18.01.1988.
The order dated 25.10.2001 was set aside by the Tribunal.
A charge sheet companytaining fresh charges was issued.
On the basis of the said finding, the Court of Inquiry recommended following actions Initiate strict disciplinary action against Corporal B. Yadav Respondent and others involved in the said action To make good the loss incurred due to such action and to recover the companyt of quantity DHPP 400 Ltrs.
The Armed Forces Tribunal, Regional Bench, Lucknow for short the Tribunal set aside the order of the District Court Martial aggrieved by which the Union of India has filed this Appeal.
Information was received from a civilian on 03.05.2000 that 7 barrels of diesel were unloaded in civil area at Pappu Ka Plot at about 1400 hrs.
A detailed report was sent by 4 Provost Security Unit , Air Force, Kanpur by a letter dated 10.05.2000 in which it was indicated that the Respondent herein and Corporal G.S. Mani, Equipment Assistant were involved in taking out POL Petrol, Oil Lubricants belonging to Air Force Station, Kanpur.
An Additional Court of Inquiry was ordered to further investigate into certain other aspects number companyered by the Court of Inquiry.
He was posted to 402 Air Force Station, Kanpur in August, 1997.
According to the report, manipulation was done by raising gate passes for a quantity more than which was authorised by issuance of vouchers and obtaining the signature of Senior Logistic Officer on such gate passes.
The Respondent was directed to have been in companytinuous service for the purpose of pension and other service benefits.
A charge sheet was framed companytaining 14 charges and a hearing of charge under Rule 24 of the Air Force Rules, 1969 for short the Rules was companyducted before the Air Officer Commanding in Chief.
After companysidering the summary of evidence, the AOC in C found that there was insufficient evidence to sustain Charges 1 to 5 and therefore, those charges were dropped.
The District Court Martial found the Respondent guilty and imposed a punishment of dismissal from service and reduction of the rank apart from sentencing the Respondent to rigorous imprisonment for three months.
However, arrears of salary was companyfined to 50 per cent.
The Respondent was assigned duty in Diesel and Petrol Store on 02.02.2000.
By the Report dated 12.07.2007, the Additional Court of Inquiry found that the Respondent had prepared the gate passes in advance on some occasions.
of petrol Rs.68,520/ .
The said gate passes were used to take out kerosene, diesel and petrol.
The record of the Court of Inquiry and Additional Court of Inquiry proceedings were forwarded to the Head Quarters, Maintenance Command on 26.07.2000.
The informant informed 4 Provost Security Unit , Air Force, Kanpur, that he saw two airmen in uniform, out of which one was of dark companyplexion.
A second set of vouchers were prepared for the purpose of issuing gate passes when items were taken out of guard room, which were later destroyed after safe passage from the guard room.
The Court of Inquiry proceedings were approved by the AOC in C, Maintenance Command, pursuant to which disciplinary action was initiated against the Respondent and others.
NAGESWARA RAO, J. The District Court Martial imposed a punishment of dismissal of the Respondent from service and reduction of the ranks apart from sentencing him to rigorous imprisonment for three months.
