T.A. No. 82 of 2010 with M.A. No. 123 of 2011 W.P.(C) No. 8058 of 2003. Case: Balam Singh Vs Union of India & Ors.. Armed Forces Tribunal

Case NumberT.A. No. 82 of 2010 with M.A. No. 123 of 2011 W.P.(C) No. 8058 of 2003
CounselFor Appellant: Mr. S.K. Sanan, Advocate and For Respondents: Mr. Anil Gautam, Advocate
JudgesMr. A.K. Mathur, Chairperson and Lt. Gen. M.L. Naidu, Member
IssueArmy Act, 1950 - Section 69; Narcotics Drugs and Psychotropic Substances Act 1985 - Section 18
Judgement DateAugust 22, 2012
CourtArmed Forces Tribunal

Order:

(Principal Bench At New Delhi)

  1. This petition has been transferred from the Delhi High Court to this Tribunal, after its formation. The petitioner filed this writ petition before the Hon'ble Delhi High Court with the prayer that the respondent may be directed to promote the petitioner to the rank of Risaldar as his immediate junior was promoted as a consequential relief in CWP No.4323/2001 and the respondents may be directed to reinstate the petitioner into service with all consequential reliefs allowing him to serve till the enhanced age applicable to the rank of Risaldar. The petitioner was enrolled in service on 28.10.1986, but unfortunately on 28.12.1991 he was to face a Court martial under Section 69 of the army Act read with Section 18 of the NDPS Act and he was found guilty and was awarded 10 years R.I. and dismissal from service by the order dated 22.05.1992. Thereafter, he filed the petition challenging the order of dismissal by way of the writ petition in Hon'ble Punjab & Haryana High Court on 15.03.1999 bearing Crl. W.P. No.1632/1996 and the impugned order was set aside by the Hon'ble Punjab & Haryana High Court on 15.03.1993. Thereafter, the matter was taken to Hon'ble Supreme Court by filing SLP by the Union of India and in the said SLP the judgment passed by the Hon'ble Punjab & Haryana High Court was confirmed. Thereafter, the petitioner filed another writ petition before the Hon'ble Punjab & Haryana High Court for consequential benefits as result of setting aside of the Court martial order. The Hon'ble Punjab & Haryana High Court by its judgment dated 05.08.2002 allowed the writ petition and directed that "We accordingly dispose of this writ petition with a direction to the respondents to reinstate the petitioner into service forthwith and to grant him all consequential benefits which he would have been entitled to had his services not been dispensed with within a period of one month from today."

  2. The petitioner, thereafter, filed contempt petition before the Hon'ble Punjab & Haryana High Court and the same was also disposed of by the learned Single Judge by the order dated 06.03.20003 with the direction that "It is well settled that if two views are possible, in contempt proceedings no further action can be taken and I am, therefore, unable to give any direction in this regard. However, this will be subject to such other order, as may be passed in any other appropriate proceedings in accordance with law."

  3. As...

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