E-Paper
HC dismisses Army chief?s special appeal
A DIVISION Bench of the Allahabad High Court dismissed a special appeal filed by the Chief of Army Staff challenging a judgment passed by the Single Judge of this court. The judge had allowed the writ petition of one MZH Khan, an Army personnel, and had set aside the dismissal order passed against him.
A DIVISION Bench of the Allahabad High Court dismissed a special appeal filed by the Chief of Army Staff challenging a judgment passed by the Single Judge of this court. The judge had allowed the writ petition of one MZH Khan, an Army personnel, and had set aside the dismissal order passed against him.
The Division Bench comprising Justice SR Alam and Justice Sudhir Agrawal dismissed the special appeal and upheld the judgement of the Single Judge on the ground that the proceeding in question against the petitioner was in gross violation of the principle of natural justice and in violation of Rule 35 (7) and 34 (1) of Army Rules, which provided that no one should be denied reasonable opportunity of defense.
However, the Division Bench modified the previous judgment to the effect that Army authorities would also look whether the petitioner had committed any offence under section 56 (a) of the Army Act. As per facts, on August 6, when MZH Khan was on duty at the main gate, a civil truck entered into garage. Khan raised alarm and checked the truck. The truck driver confessed that he used to come with empty barrels and go with filled barrels.
The petitioner claimed to have informed the higher authorities about the matter and alleged that Lt Col P Bhatnagar was involved in clandestine activities.
On this a disciplinary proceeding was initiated against Khan and he was awarded rigorous imprisonment for three months and dismissed from service.
He challenged the action in the court. The Single Judge allowed his writ petition.
Thereafter, the Chief of Army Staff challenged the judgement by filing a special appeal before a Division Bench of the High Court.
