SHEEL KUMAR ROY Vs. SECRETARY DEFENCE

JUDGEMENT

(1.) INTERPRETATION and application of some provisions of the Army Act 1950 (hereinafter referred to as "The Act") and Army Rules, 1954 (hereinafter referred to as "The Rules") arises for consideration in this appeal, which arises out of the judgment and order of a Division Bench of the Delhi High Court dated 4.3.2005 passed in Writ Petition (Civil) No.3442 of 1998, dismissing the writ petition filed by the appellant herein.

(2.) APPELLANT joined the Army Service on or about 18.8.1981. He is a holder of B.Sc. (Biology) degree. He has received trade training in the Army as a Technician Electronic System. He passed the 54th Entrance Examination from Army Cadets College from Dehra Doon in the year 1986. He secured first position in the South Command and third position on an all India basis. In ordinary course, he would have become a Commisioned Officer upon obtaining training from Army Cadet College, Dehra Doon but prior thereto he was posted to Ladakh. While posted at Leh, owing to high altitude of the place, he developed psychiatric problems. For want of necessary care, he became a psychiatry patient. He had to undergo treatments in the Army Hospitals situated at Chandigarh, Allahabad, Jabalpur and Ambala.

(3.) FOR his purported absence for the period from 16.7.1990 to 22.7.1991, a chargesheet was submitted which reads as under : <FRM>JUDGEMENT_717_TLPRE0_2007Html1.htm</FRM>