Case Summary: Hardhan Chakrabarty

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NIRMA UNIVERSITY INSTITUTE OF LAW SEMESTER - III CRIMINAL LAW SUBMISSION. CASE ANALYSIS. prepared by: Dhairya Patel 13bll034 Name of the case: Hardhan chakrabarty Vs. Union of India And others. Judgment Date : 2nd February,1990 Facts in brief: The petition of this present case is being filed under article 32 of the constitution. In this the facts are that the petitioner named, Hardhan Chakrabarty was firstly serving the Indian army in 1939 in Burma while the second world war was going on. Later on he joined the Indian national army and fought under the leadership of subhash Chander bose and after that he rejoined Indian army in 1948 and had been promoted to the rank of Hawaldar. After being released from that he joined the defence security corps and while serving in defence security corps in 1976 at pathankot, he was charged for abetting of an offence of the theft of 250 wheel drums which was committed by his officer and other eight members were also charged for abetting an offence with him. So he was dismissed from his duty and accordingly was not given pension and other benefits which he should have got. So he filed the writ pension under article 32 of the Indian constitution. Trial court judgment In the judgment of the trial court its come out like that, major Trilok chand who actually committed an offence was found guilty and was charged for the imprisonment of one

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