9911796707
TMI Blog2022 (11) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench, New Delhi (hereinafter referred to as "the Tribunal") in O.A. No. 32 of 2019 with M.A. No. 645 of 2019, whereby the Tribunal has dismissed the said O.A. filed by the Appellant. The O.A. No. 32 of 2019 was preferred by the Appellant before the Tribunal challenging the charge-sheet dated 19.11.2018 containing three charges pertaining to the Appellant having behaved in a manner unbecoming his position and the character expected of him, Under Section 45 of the Army Act, 1950, and challenging the order dated 22.11.2018 passed by Convening Authority directing the trial of the Appellant by way of General Court Martial (GCM). 2. The short facts leading to the present appeal are that the Appellant was commissioned as an officer in the India ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocess for forthwith posting out of Col. A.K. Gupta from Delhi. With warm regards Sd/- CONFIDENTIAL Sd/-31.10.15 Sd/-31.10.15 Sd/-31/10 XV" 3. Consequent to the said letter, a Court of Inquiry was conducted by the HQ Delhi Area to investigate into the complaint made by Col. Ramneesh Pal Singh. The said Court of Inquiry was finalized on 11.11.2016 with the directions of GOC Delhi Area to initiate disciplinary proceedings against the Appellant. After the hearing of the Charge in terms of Army Rule 22, on 24.07.2017 directions were given for recording the Summary of Evidence. On the completion of Summary of Evidence, a prima facie case was made out against the Appellant and accordingly, three charges were framed against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Col. Ramneesh Singh knew about the commission of the alleged offence when he wrote the letter on 13.08.2015 and the Convening Authority had passed the order directing the trial by the General Court Martial on 22.11.2018 i.e. three years after the letter written by Col. Ramneesh Singh. Hence the period of three years having already expired as contemplated in Section 122 of the Army Act, the Tribunal had committed an error in not quashing the order dated 22.11.2018 passed by the Convening Authority and consequently the trial proceedings. He also submitted that the charge-sheet dated 19.11.2018 framing three charges against the Appellant Under Section 45 of the Army Act, based on the said allegations was also required to be quashed and set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 7. In order to appreciate the rival contentions raised by the learned Counsel for the parties, it would be apposite to reproduce the relevant provision contained in Section 122 of the Army Act, which reads as under: 122. Period of Limitation for trial-(1) Except as provided by Sub-section (2), no trial by court-martial of any person subject to this Act for any offence shall be commenced after the expiration of a period of three years and such period shall commence- (a) on the date of the offence or, (b) where the commission of the offence was not known to the person aggrieved by the offence or to the authority competent to initiate action, the first day on which such offence comes to the knowledge of such person or authority, whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be liable to suffer punishment as prescribed therein. 9. In the instant case, having regard to the contents of the letter dated 13.08.2015 written by the aggrieved person i.e., Col. Ramneesh Singh to the concerned authority, it clearly transpires that he was aware of the alleged act of the Appellant having stolen the affection of his wife on the date of the said letter. He had specifically mentioned in the said letter that it was for bringing to the notice of the concerned authority about the Appellant's act of stealing affection of his wife. He had further alleged therein that the Appellant was sending indecent messages to his wife which were sexually explicit in nature and that he had reasonable cause to believe that the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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