New Delhi: The Armed Forces Tribunal has
quashed the sacking of an Army Havaldar court-martialled 11
years ago for molesting the wife of his colleague.
Setting aside Havaldar Nancha Ram Jat`s Summary Court
Martial (SCM), the Tribunal bench headed by Justices S S
Kulshreshtha and S S Dhillon said, "The impugned findings
along with the order of SCM are set aside.The appellant shall
be deemed to have been discharged from service".
The tribunal also granted pensionary and other
benefits due to Jat from the date he was dismissed from
In his plea, the Havaldar had contended that a
conspiracy was hatched against him and "false and frivolous"
allegations of molesting the wife of a fellow jawan were made
At the time of the incident in 1999, Jat was posted in
74 Medium Regiment and was later attached with 214 Rocket
Regiment (GRAD) for the SCM proceedings between January to
He had further argued that the SCM had also violated
the Army Rule 180 by not allowing him to cross-examine the
witnesses against him and also questioned the jurisdiction of
the SCM as he was not tried by his commanding officer but that
of some other unit.
Agreeing with Jat’s contention, the Tribunal observed,
"At the relevant time from May to June 2000, the CO of
different Unit had no jurisdiction to hold SCM of the
individual of another Unit."
The case was transferred from the Delhi High Court to
the Armed Forces Tribunal after it was filed in August 2009.