JASWANT SINGH Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) The appellant has challenged the decision of the Armed Forces Tribunal, Regional Bench at Lucknow dated 18 December, 2012 in O.A. No. 48/2010, by which his challenge to the punishment of dismissal and six months' rigorous imprisonment imposed by a Summary Court Martial has been rejected. The punishment of imprisonment has already been undergone.

(2.) The appellant was enrolled as a Sepoy on 1 January, 2003 in the Indian Army. A Summary Court Martial was convened on two charges; the first being of an assault on a superior officer while the second was the use of abusive language against a Subedar who had found the appellant to be not properly dressed for the parade.

(3.) The Summary Court Martial acquitted the appellant of the second charge, but he was found guilty of the first charge of misconduct. He was awarded a punishment of dismissal from service and six months rigorous imprisonment in civil jail.