UNI

New Delhi, Aug 6: The Supreme Court said the Chief of Army Staff can dismiss personnel under him without giving an opportunity to the staff member of being heard as laid down under Rule 17 of the Army Rules and added prior approval of the Centre was not necessary.

The important ruling was delivered by the bench comprising Justices Arijit Pasayat and S H Kapadia in their judgement on August 2 upholding the dismissal from service of the appellant Romesh Kumar Sharma and another, found involved in espionage activities in Ladakh Scouts during 1984-85, endangering national security.

Sharma, with 17 years of service, was posted as Havaldar clerk (GD), Ladakh Scouts and the Court of Inquiry confirmed the involvement of the appellants in espionage activities and the two were removed from service under section 20(1) of the Army Act, 1950 read with Rule 17 of the Rules dispensing with the inquiry.

The petitioner challenged his dismissal on the grounds that the impugned order was illegal, malafide, unconstituional, improper and violative of Articles 14 and 21 of the Constitution and the same was passed without giving the petitioner an opportunity to explain his conduct.

The Jammu and Kashmir High Court dismissed the petition, holding that the inquiry was not in relation to the petitioner but was in relation to an incident and hence no opportunity was required to be afforded to the petitioner.

The apex court while upholding the impugned judgment of the High Court said ''as rightly noted by the High Court, the enquiry was not in relation to the appellant but it related to the incident.

That being so there was nothing wrong in the order of the dismissal.

''It can not be faulted. In any event, enquiry was not abandoned midway as claimed. The basic facts were revealed during the enquiry.

It was also pleaded that approval of central government was necessary, in case action is taken under the provision to Rule 17.

We find no such necessity prescribed. All that is required where provision to Rule 17 is resorted to, is that a report has to be made to the Central Government. Record reveals that the same has been done. Since all the above steps have been taken, we find no merits in these appeals, which are accordingly dismissed.'' The Chief of Army staff, if he thinks it inexpedient to follow the procedures, can do away with the same subject to issuance of certificate by him stating reasons for doing so.