Brig’s dismissal upheld, but will get pension benefits.
Vijay MohanTribune News Service
Chandigarh, April 23:Almost two decades after a brigadier was dismissed by a General Court Martial (GCM) on charges of corruption, the Armed Forces Tribunal today upheld the court martial proceedings, but restored his pensionary benefits.
The tribuanl’s Chandigarh Bench, comprising Justice Ghanshyam Prashad and Lt Gen AS Bahia also ordered that the petitioner, Brig GS Kahlon, would be entitled to arrears of pension from 1992, along would interest at the rate of six per cent.
Kahlon was tried on nine counts of misappropriation of canteen funds with intent to defraud and failure to exercise proper control and supervision while he was the chairman of Headquarters 123 Mountain Brigade unit canteen. He was responsible for functioning of the canteen as well as signing and counter-signing financial documents. The GCM had found him guilty on eight charges.
Kahlon had contended that had been framed and tried arbitrarily. He also contended that some charges did not amount to dishonesty or misappropriation and that he was not in station on some of the dates mentioned in the charges. He had also claimed that there was no loss or gain or any prejudice to any by his acts of signing some documents.
Counsel for the government Capt Sandeep Bansal, on the other hand, argued that the procedures relating to the disciplinary case against the petitioner that had resulted in his conviction were strictly in compliance with the rules and regulations and as per the laid down law.
He also contended that the petitioner, in his arguments before the Tribunal, had taken out isolated statements of some witnesses to prove his innocence. However, there was no corroboration of the same and even otherwise a conjoint reading of the evidence clearly proved the case against him.
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