Army officer facing serious charges of indulgence in terrorist activities, not related with discharge of his official duty, cannot be discharged
An Army Officer had allegedly conspired with others and blasted a bomb with intent to terrorize people by causing loss of life and property, to create communal rift and to endanger internal security of State. The Army Officer was the key conspirator in crime and had actively participated by conducting various meetings to plan out their actions to commit unlawful activities. In the bomb blast, 6 persons were killed and serious to grievous injuries were caused to about 100 persons. Such blast had nothing to do or related in any manner with discharge of official duty of the Army Officer. Question of according any sanction to prosecute the Army Officer did not arise. The Bombay High Court had denied discharging Army officer from charges against him.