UNION OF INDIA AND OTHERS v. MAJOR S.P. SHARMA AND OTHERS

UNION OF INDIA AND OTHERS v. MAJOR S.P. SHARMA AND OTHERS

CIVIL APPEAL NOs.2951-2957 OF 2001

JUDGEMENT on March 6, 2014

The case is against the verdict passed by Delhi High Court that allowed the appeals preferred by the respondents and quashed not only their termination orders but also the General Court Martial (hereinafter referred to as ‘GCM’) proceedings held against Captain Ashok Kumar Rana and Captain R.S. Rathaur. The facts of the case are Gunner Sarwan Dass was cultivated by Pakistan Intelligence and crossed the International Border along with Captain Ghalwat. Captain Ghalwat and Gunner Sarwan Dass were posted in Babina (M.P.). then Gunner Aya Singh and Captain Nagial were also  cultivated for Pak Intelligence. The espionage racket came to be noticed and Aya Singh and Sarwan Dass were arrested. On investigation they disclosed the names of Captain Ghalwat and Captain Nagial. They made further disclosure of Captain Rathaur and Captain A.K. Rana who were then interrogated. Analysing entire facts of the case and the material produced in Court and upon an exhaustive consideration of the matter, the Supreme Court came out with the definite opinion that the power of pleasure exercised by the President in terminating the services of the respondents does not suffer from any illegality, bias or malafide or based on any other extraneous ground, and the same cannot be challenged on the ground that it is a camouflage. As discussed above, the onus lay on the respondent-officers who alleged malafides. No credible evidence or material produced before the Court impelled SC to come to the conclusion that the order of termination is baseless or malafide. Thus these appeals were allowed and the judgment and order passed by the Delhi High Court was set aside...read more