VidhiSangh

Supreme Court of India · 07/11/2022

IC-56663X COL ANIL KUMAR GUPTA versus UNION OF INDIA & ORS.

[2022] 9 S.C.R. 700 · 2022 INSC 1182

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Summary

An Army colonel was charged under Section 45 of the Army Act for conduct unbecoming an officer, on a fellow officer's complaint that he had stolen the affection of the complainant's wife. Trial by General Court Martial was directed more than three years after the complaint. The Armed Forces Tribunal refused to interfere. The Supreme Court held that the complainant, as the person aggrieved, knew of the alleged offence on the date of his letter. Limitation under Section 122 ran from that date, not from when the court of inquiry later found a prima facie case. The court martial was barred and was set aside. The disciplinary proceedings on the charge-sheet were allowed to continue in accordance with law.

Issues

  1. Whether, under Section 122 of the Army Act, the three-year limitation for commencing a court martial ran from the date of the aggrieved officer's complaint or from the date a prima facie case was found after the court of inquiry and summary of evidence.

Provisions considered

Held

Result

Appeal partly allowed; the order directing trial by General Court Martial and the court martial proceedings set aside as time-barred under Section 122 of the Army Act; the disciplinary proceedings on the charge-sheet dated 19.11.2018 to continue in accordance with law.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 700.