NIK SHEKHARAPPA OLEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) WRIT petition by a person who was serving as Nayak in the Indian Army attached to 138, Medium regiment, who is aggrieved by the order of reduction in rank and dismissal from service for committing offences under the Army Act, 1950 [for short, the Act], particularly under Section 39 (a) of the Act on being tried by Summary Court martial proceedings in terms of the order dated 1-11-2002 [copy at Annexure-A to the writ petition].

(2.) PETITIONER has impugned the legality of this order on several grounds, inter alia, urging that he was never given a proper opportunity to defend himself; that the procedure followed in trying him and inflicting the punishment of dismissal from service by Summary court Martial is not in consonance with the provisions of the Act and the Army Rules, 1954 [for short, the Rules], and on the other hand, it is in contravention of the provisions of the Act and the Rules and the order is not sustainable; that the appeal/revision to the higher ups having not produced any positive result, is seeking relief before this Court invoking the writ jurisdiction under Articles 226 and 227 of the Constitution of India.

(3.) NOTICES had been issued to the respondents. Respondents have entered appearance through the Standing Counsel for Central government and have also filed statement of objections in response to the notice issued regarding Rule. Thereafter, the petition has been admitted on 12-4-2006.