JUDGMENT Rakesh Tiwari, J.
1. Heard Counsel for the parties and perused the record.
2. In brevity the facts of the case are that the petitioner was recruited in Indian Army and was working as JC in 6/5 Gorkha Rifles. He was tried by Court Martial vide charged sheet dated 18.9.2003 under Section 123 of Army Act for the following charges :
(1) Committing a Civil offence, that is to say, for any purpose prejudicial to the safety or interests of the State, communicating to a person any information or document which is intended to be directly or indirectly useful to the enemy, contrary to Section 3(1)(C) of the Official Secrets Act, 1923, in that he at Kathmandu (Nepal), between 28th February, 1999 and 19th March, 1999, which came to the knowledge of the authority competent to initiate action on 19th September, 2001, for a purpose prejudicial to the safety or interests of the State, communicated to Intelligence Agents of Pakistan, the following information and documents in relation to 6/5 Gorakha Rifles which were intended to be directly or indirectly useful to the enemy :
(a) Name of the Commanding Officer.
(b) Unit Location.
(c) Outline sketch of Line of Control, manned by the said Unit.
(d) Outline sketch of communication set up.
(2) Committing a civil offence, that is to say, for any purpose prejudicial to the safety of interests of the State, communicating to a person any documents which is intended to be directly or indirectly useful to the enemy, contrary to Section 3(1)(C) of the Official Secrets Act, 1923, in that he, at Abukhareni (Nepal) between 20th August, 1999 and 24th October, 1999, which came to the knowledge of the authority competent to initiate action on 19th September, 2001, for a purpose prejudicial to the safety or interests of the State, communicated to Ex-Hav. Prem Bahadur Chhetri of 1/9 Gorkha Rifles, working for Intelligence Agents of Pakistan, the following documents in relation to 6/5 Gorkha Rifles, which were intended to be directly or indirectly useful to the enemy :
(a) Sketch showing post with their names and six-figure grid references in operational area.
(b) Sketch showing layout of line communication of the said unit in operational area.
3. Perusal of the charges established that he was handing out useful information to Pakistan such as name of the commanding officer, unit location, outline sketch of line of control, sketch showing posts with their names and six figure grid references in operational area and lastly sketch showing layout of line communication of the said unit in operational area. He was awarded following sentenced :
(a) To suffer regorous imprisonment for two years and six months.
(b) To be dismissed form the service signed at Faizabad this fourth day of December, 2003.
4. The petitioner vide Annexure-6 submitted a mercy petition. The General Officer Commanding in Chief vide Annexure-7 rejected the mercy petition of the petitioner on the ground that it was devoid of merits.
5. The petitioner has prayed for quashing the order of sentence dated 4.12.2003 and order dated 3.2.2003 passed by Respondent No. 3 and communicating orders dated 22.3.2004 as contained in Annexure-4, 7, 8 and 9. He has further prayed for a writ of mandamus commanding the respondents to treat him as retired employee of Indian Army and to pay all the retiral benefits including pension and others, which are allowed to a retired Subedar.
6. Admittedly the petitioner supplied maps, location of units etc. to the enemy, an act against the country. Retiral benefits are granted to an employee for his long and faithful service. I see no reason to differ from the decision taken by the General Officer Commanding in Chief dated 2.3.2004 rejecting the mercy petition of the petitioner.
7. The petitioner is a traitor, who not only endangered the life of 'Jawans' of the unit but also endangered the country by his act of supplying maps and other secret information to the enemy for use against the country.
8. For all these reasons, it is not a fit case for interference under Article 226 of the Constitution of India. Petition is dismissed. Nor order as to costs.