NDLI: Union of India and Ors. Vs. Capt. A.p. Bajpai

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	153 Service Law : Army Act 1950 : Sections 39(b) 52(a) 180 and 164(2)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Army Act, 1950 (46 of 1950)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law : Army Act, 1950 : Sections 39(b), 52(a), 153, 180 and 164(2). Confirming authority-Revisional jurisdiction under S. 160-Scope-Confirming authority without intending to interfere with the discretion of the court directed General Court-Martial (GCM): (i) to reconsider the entire evidence relating to the charge of which the GCM acquitted the accused, (ii) to give a further opportunity to the accused to address the Court and (iii) to pass a suitable fresh sentence in case the accused was found guilty-Accused contended that the mind of GCM was influenced by the observations of the confirming authority, and that the confirming authority ought not to have interfered with the proceedings of the GCM which had arrived at a finding after considering the evidence-Held: Revisional jurisdiction of the confirming authority under S. 160 is not confined only to giving of directions for recording additional evidence by GCM but extends to analysing the evidence on record for indicating where the Court"Martial has failed to properly appreciate the evidence-In the circumstance of the case, the confirming authority did not exceed its jurisdiction-Contentions of accused rejected-Army Rules, 1954, Rule 68 and Note 6 thereto. The respondent, an Army Officer, was tried by General Court-Martial (GCM) under Section 52(a) and 39(b) of the Army Act, 1950 (i) for committing theft of Government property and (ii) absenting himself without leave. The GCM held the respondent guilty of the second charge and sentenced him to forfeit three years' service for the purpose of promotion and to be severely reprimanded. The confirming authority under Section 160 of the Act revised the findings of the GCM on the first change and directed it to reconsider the entire evidence relating to the first charge in the light of the observations made by him in the order without in any way intending to interfere with the discretion of the Court. The confirming authority further directed that a further opportunity should be given to the respondent-accused to address the Court and that in case the respondent-accused was found guilty a suitable fresh sentence should be passed. In accordance with the said directions, the GCM reconsidered the matter and held the respondent guilty on both the charges. The respondent thereafter was sentenced to be dismissed from senvice. The Chief of the Army Staff confirmed the conviction and sentence. The respondent's representation under Section 164(2) of the Act was rejected. The High Court set aside the conviction and sentence and also the order of the confirming authority on the ground that the confirming authority had analysed the evidence minutely almost returning the finding of guilt against the respondent and leaving no discretion with the GCM to act otherwise.Hence this appeal. On behalf of the respondent-accused it was contended that the jurisdiction of the confirming authority was confined only to giving of directions for recording additional evidence; that the GCM concluded its proceedings hurriedly without applying its mind independently of the observations of the confirming authority; that the mind of the GCM was influenced by the observations of the confirming authority; and that there was no ground for the confirming authority to interfere with the proceedings of the GCM which had considered the evidence and arguments in depth and held the first change not proved against the respondent.
Judge	Hon'ble Mr. Justice D.P. Wadhwa
Neutral Citation	1998 INSC 109
Petitioner	Union Of India And Ors.
Respondent	Capt. A.p. Bajpai
SCR	[1998] 1 S.C.R. 1041
Judgement Date	1998-02-20
Case Number	9190

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