New Delhi, Nov 8.
The Supreme Court has quashed as time-barred general court martial proceedings initiated against an army officer, who allegedly stole the affection of his brother officer’s wife, but refused to stop departmental proceedings against him.
“We are of the opinion that trial by general court martial directed vide order dated November 22, 2018, was clearly barred under Section 122 of the Army Act. The proceedings deserve to be quashed and set aside and are accordingly set aside,” the top said in a ruling delivered on Monday.
The bench, however, refused to stop departmental disciplinary proceedings against the officer.
“… power of judicial review in the matter of disciplinary proceedings is extremely limited. It is circumscribed by the limits of correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.”
“The power of judicial review is an evaluation of the decision-making process and not of the merits of the decision itself,” a bench, comprising outgoing Chief Justice of India U.U. Lalit and Bela M. Trivedi, said.
“It is clarified that the disciplinary proceedings initiated against the appellant pursuant to the charge sheet issued on Nov 19, 2018, shall continue in accordance with law.”
The officer concerned had filed an appeal in the Armed Forces Tribunal against the decision to chargesheet him and subject him to general court martial and disciplinary proceedings as well.
The chargesheet filed against him on Nov 19, 2018, contained charges pertaining to the officer having behaved in a manner unbecoming of his position and the character expected of him.
The tribunal in an order passed on September 30, 2019, dismissed his appeal prompting him to go to the top court. The officer’s close friend and colleague had written to a superior officer complaining of the alleged dalliance between him and his wife.
He accused the friend and fellow officer of sending indecent messages to his wife. There is reasonable cause to believe that they have indulged in an inappropriate relationship, he claimed.
He would be filing for divorce proceedings against his wife in the civil court on grounds of infidelity, the aggrieved officer said.
“However, I would request you to initiate a suitable inquiry into the incident and take up a case for disciplinary action against the officer, as deemed fit. May I also request you to initiate the process, forthwith posting out (him) out of Delhi,” the aggrieved officer said.
Consequent to the said letter, a court of inquiry was conducted by the HQ Delhi Area to investigate the complaint. The said court of inquiry was finalized on November 11, 2016, with directions of GOC Delhi Area to initiate disciplinary proceedings against the errant officer.
After the hearing of the charge in terms of Army Rule 22, on July 24, 2017, directions were given for recording the summary of evidence.
On its completion, a prima facie case was made out against the errant officer and the three charges framed regarding the conduct and character expected from an officer. Following this, a general court martial was initiated against the officer.