Armyman's dismissal set aside by HC

Allahabad, Sep 18 (UNI) Allahabad High Court has dismissed the appeal of the Chief of Army Staff challenging the judgement of a single judge of the court by which the writ petition of an armyman was allowed and his dismissal set aside.

A division bench comprising Justices S Rafat Alam and Sudhir Agrawal dismissed the special appeal and upheld the earlier judgement on the ground that the proceedings against the petitioner M Z H Khan were in gross violation of the principle of natural justice and in violation of Rule 33[7] and 34[1] of Army Rules, which provides no one is denied reasonable opportunity for defence.

However, the bench modified the judgement of single judge to the effect that army authorities will also look if the petitioner had made any offence under Section 56[a] of the Army Act.

On August 6, 2006, Khan -- while on sentry duty -- had raised an alarm, when a civil truck entered into garrage.

The petitioner checked the truck, whose driver confessed he used to come with empty barrels and go with filled barrels.

Khan claimed to have informed the higher authorities and alleged Lt Col P Bhatnagar was involved in the aforesaid activity.

Later, a disciplinary proceeding was initiated against Khan and he was awarded rigorous imprisonment for three months and dismissed from service, which was challenged by him in writ petition.

UNI XC VS VD VC1928