ANIL KUMAR Vs. UOI & ANR.

JUDGEMENT

(1.) THE petitioner assails the summary trial proceedings under the Army Act, 1950 conducted against him and the punishment awarded thereunder vide the order dated 1st March, 2004 passed by his Commanding Officer.

(2.) THE factual matrix giving rise to the present petition is set hereafter in brief. The petitioner was enrolled in the Army on 10th October, 1988 and was deployed with the EME Department Battalion, Secunderabad. While serving at 723 Field Workshop Company (7004 EME Battalion), the petitioner had cleared the examination for the rank of Havildar Major in the Technical Entrance Exam Test conducted in May, 2003. He was promoted to the rank Local Unpaid Naik thereafter. He was also detailed to undergo Naik to Havildar (NH) Cadre Course Serial No. 5 of 2004 commencing from 6th September, 2004 at 3 EME Centre, Bhopal and to undergo the diploma course DAE(B) -301 w.e.f. 3rd January, 2006 at the EME School, Baroda.

(3.) IN compliance with the requirement of Army Rule 22, the proceedings for hearing of charges before the commanding Officer of the above charges was held on 1st March, 2004. The Commanding Officer heard the charges as well as the prosecution witnesses who were produced before him in the presence of the petitioner and gave the petitioner opportunity to cross -examine the witnesses. The records which have been placed before us show that the petitioner declined to cross -examine the witnesses. The petitioner also declined to make any statement or to produce any witness in his defence.