AFT upholds 22-year-old order awarding jail to Army jawan for forging his ACR

Chandigarh, September 18

The Armed Forces Tribunal (AFT) has upheld the sentence of dismissal from service and rigorous imprisonment awarded to an Army jawan about 22 years ago for forging his annual confidential report (ACR).

After pursuing the matter on record and hearing counsels on both sides, the Tribunal did not find any irregularity or illegality in conduct of the court martial or in award of punishments to the petitioner.

In its order, the Bench comprising Justice Umesh Chandra Srivastava and Vice Admiral Abhay Raghunath Karve observed that the petitioner was dismissed from service as per the Army Act and Army Rules and policy letters on the subject, there was no violation of the principle of natural justice.

The petitioner was enrolled in the Army Medical Corps (AMC) in January 1987 and was later posted to Military Hospital, Roorkee, in 1995. AMC Records informed the hospital that his ACR for 1995-96 was found to be of doubtful nature and further requested to investigate the

whole case.

A court of inquiry was assembled at the hospital wherein it was found that the petitioner had himself forged his ACR of 1995-96. He was ordered to be tried by a court martial, which sentenced him in November 2000 to be reduced to the ranks, suffer rigorous imprisonment for six months and be dismissed from the service.

He had averred that he had signed a blank ACR form and submitted it to a civilian clerk who had a personal enmity with him. The contents of the form as well as signatures and official seals of superior officers were found to be forged.

Detailed investigation by typewriting expert, criminologist and hand writing expert had revealed that the petitioner had himself initiated his ACR, signed at the column meant for officers and despatched it to AMC Record while he was on casual leave.