SC upholds army officer’s sacking

The Supreme Court has upheld the sacking and one-year imprisonment to garrison engineer JS Sekhon for defrauding the army of lakhs in 1999. The sentence was given by the army’s general court martial.

Sekhon had challenged the proceedings initiated against him under the Army Act saying it was time barred, since he was not court martialed within the stipulated 4 years.

However, the SC justices, Mukundaram Sharma and AR Dave, said his plea did not stand because the authorities did not have a report in their hands. They pointed out that his crimes were against the government and not against a person.

The justices said a meaningful reading of the relevant section of the Army Act makes it clear that in the case of a government organisation, the four-year limitation will only apply from the time the competent authority comes to know of the misdeed and initiates action.

Sekhon was asked to face a general court martial after an inquiry report charged him on seven counts in 1995. He was later let off on two counts.

On November  29, 1994 Sekhon entered into an agreement with M/s Surjit Singh Sokhi to repair two DG Sets at a Leh powerhouse for Rs2.29 lakh and to repair LT cables at Nimmuy area in Leh for Rs2.49 lakhs.

A day later he entered into an agreement with M/s Mohd Sultan and Bros. to replace LT cables, provide an ACR conductor and replace parts of two DG Sets for Rs2.48 lakhs. Authorities noticed irregularities in these purchases. On December 6, 1994 they investigated the contract agreements. The commander works engineer conducted a vigilance check and asked Sekhon for an explanation.

On September 20, 1995, a court of enquiry was ordered against Sekhon. Three years later, he faced a general court martial and was sentenced to a year’s rigorous imprisonment and sacked, which he later challenged in the Supreme Court.