SUKHWINDER SINGH Vs. UOI

JUDGEMENT

(1.) THE petitioner was a Havaldar in the Indian Army, attached to the 41st Vehicle Company and was assigned duties of Furniture NCO of the unit. On 31.03.1995 a complaint was received against the petitioner pursuant to which he was arrested and sent to the unit Quarter Guard under orders of Chief Ordinance Officer (hereinafter referred to as ,,COO) who was also the Commanding Officer of the Company to which the petitioner was attached i.e. 41 st Vehicle Company.

(2.) THE petitioner was charged of not reporting for duty and assaulting, while using insubordinate language, his superior officers, for which the Commanding Officer conducted a hearing of the charge on 1.04.1995 in accordance with Rule 22 of the Army Rules 1954.

(3.) SUB.Harpal Chand PW-1 stated that on 30.03.1995, along with CHM Kedar Nath, he was getting the unit lines cleaned for the Sainik Sammelan scheduled to be held the next day morning, when a barber came to report about a light in the barber-shop which was not switching off. He called upon the petitioner, who was discharging duty of Furniture NCO, and asked him to get the lights mended, at which the petitioner retaliated by saying: ,,bhainchod tumhari to bund fatti hai MES walon ko chai pilane mein. Main koi engineer hoon jo sabki lightein repair karta rahoon. He told the petitioner that he has never refused to serve tea to the persons deployed, at which the petitioner got angry and started shouting and abusing him, in the name of his mother and sister, and was close to assaulting him, when CHM Kedar Nath and SUB.S.S.Rawat intervened and to avoid an ugly situation he went quietly back to his room; but before leaving he told the petitioner to come to the Chief Ordinance Officers office for an interview the next day, at which the petitioner retorted: ,,Tu kaun hota hai peshi pe bulane wala tere jaise bade dekhe peshi pe bulane wale. That the next day, without prior notice, the petitioner absented from the Sainik Sammelan which was a mandatory event to be attended for all personnel. Later that day, when the COO found the furniture store closed, he enquired about the whereabouts of the petitioner and asked CHM Kedar Nath to summon the petitioner to his office. The petitioner arrived at the office of the COO in Combat dress upon which he i.e. PW-1, asked him to go back and wear the normal uniform at which the petitioner retorted: ,,Mein kam kar ke a raha hoon aur isi dress mein COO sahib se miloonga. He told the petitioner to calm down, at which the petitioner got angry and took off his belt and shirt and threw it at him and said: ,,Kutton salon mere court martial kara lo. The petitioner kept on shouting and threatening the officers present till he was arrested and sent to Quarter Guard prisoner cell.