SC quashes dismissal of former Army officer in alleged ration scam

The Supreme Court on Wednesday set aside the conviction and dismissal from service of a retired Lt Gen S K Sahni, who worked as a Director General Supplies and Transport, in an alleged ration scam.

A bench of Justices L Nageswara Rao and B R Gavai held that the orders passed by the Armed Forces Tribunal as well as the General Court Martial are not sustainable in law.

The top court acquitted Sahni of all the charges levelled against him and declared that the petitioner would be entitled to all pensionary and consequential benefits.

The Union government moved the top court against the AFT order, which reduced the sentence of three years rigorous imprisonment and cashiering imposed on Sahni to dismissal from the service.

The bench quashed and set aside the February 18, 2011 order passed by the GCM holding Sahni guilty and imposing a penalty on him, and also the October 10, 2013 order passed by the AFT, directing his dismissal from service.

The bench noted that AFT has specifically come to a finding that he did not commit any fraud or any act, which resulted in actual loss or wrongful gain to any person.

“We are unable to appreciate as to on what basis the AFT comes to a conclusion that the acts lead to an inference that the attempts were made to cause a wrongful gain. The finding as recorded by the AFT is totally contrary to the material placed on record," the bench said.

A court of inquiry, under the direction of General Officer Commanding-in-Chief Western Command, was ordered against Sahni based on a complaint received in April 2005. The court of inquiry was tasked to investigate allegations, which included procurement of 'kabuli chana', tendering and procurement of barley crushed and gram kibbled, tendering and procurement of 979 metric tonnes of masoor whole etc.

Sahni had retired in September 2006.

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