OA No. 26 of 2011. Case: Ex. Capt. P.T. Peethamber Vs Union of India & Others. Armed Forces Tribunal
| Case Number | OA No. 26 of 2011 |
| Judges | Mr. A.K. Mathur, Chairperson and Lt. Gen. S.S. Dhillon, Administrative Member |
| Issue | Army Act, 1950 - Section 71 |
| Judgement Date | December 05, 2012 |
| Court | Armed Forces Tribunal |
Judgment:
Mr. A.K. Mathur, Chairperson, (Principal Bench At New Delhi)
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Petitioner by this petition has prayed to quash the order dated-16.6.2009 passed by the Dy. Director PS-4 (legal), Addl. Directorate General of Pers Services, Adjutant General's branch, Army HQs, New Delhi and to direct the respondent to alter the punishment of the applicant from cashiering to that of compulsory retirement and he be given all terminal benefits. Petitioner joined the Indian Army as a Junior Commissioned Officer in 1970 and in 1986, he was promoted to the rank of Captain. Petitioner was court-martialled and punished by cashiering and R.I. of one year by the order dated-10.12.1998. The petitioner filed a writ petition No. 187/98 in the Hon'ble Guwahati High Court against the Order of the General Court Martial for the aforesaid punishment. The Hon'ble Guwahati High Court remitted the matter back to the confirming authority to reconsider the sentence in the light of submissions and observations made in the Order dated-10.12.1998. Then he filed an appeal before the Division Bench against the order passed by the Single Bench and confirmed by the Hon'ble Guwahati High Court vide its Order dated 14.09.1999. The confirming authority in view of the direction given by the Hon'ble Guwahati High Court, considered the matter of sentence again and thereafter on 23.09.1999 General Officer Commanding in Chief, Eastern Command passed the order confirming the sentence of cashiering, however, he remitted the sentence of imprisonment.
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Thereafter, the applicant filed SLP before the Hon'ble Supreme Court which came up for hearing on 21.01.2000 and the Hon'ble Court was pleased to permit the applicant to withdraw the SLP with liberty to approach the Army authorities for substituting the punishment of cashiering to that of compulsory retirement. After the withdrawal of SLP from the Supreme Court, the applicant represented to the Chief of the Army Staff for substituting the punishment of cashiering to that of compulsory retirement. But the same was rejected by the respondent by the non-speaking order dated 19.04.2001. Then applicant filed a Writ Petition in the Hon'ble Delhi High Court which passed an order on 18.05.2001 to dispose off the representation of the petitioner dated-1.07.2000, however, prior to this the representation of the petitioner had already been disposed of. This fact was not brought to the notice of the Hon'ble Delhi High Court and Hon'ble Delhi High...
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