SEPOY RAJESH KUMAR Vs. UOI & ORS.

JUDGEMENT

(1.) The petitioner has challenged the order dated 1st September, 2010 passed by the Armed Forces Tribunal, Principal Bench in OA No.122/2009 titled as Ex. Sepoy Rajesh Kumar Vs Chief of Army Staff and Ors., dismissing his original application against the order dated 12th December, 2007 passed by Summary Court Martial (SCM), whereby the petitioner was held guilty of committing the offence under Sec. 40(b) of the Army Act and the punishment of dismissal from service was imposed on him.

(2.) The petitioner was a sepoy of 24 Rashtriya Rifles (Bihar) and was charged for using threatening language to his superior officer, Company Hawaldar Major U.S. Pandey. The allegation against the petitioner was that on 30th May, 2007 he used abusive language to CHM U.S. Pandey. Though tentative charge sheet was issued to the petitioner under Sec. 40(a) of the Army Act, however, after the summary of evidence was recorded, the charge sheet under Sec. 40(b) of the Army Act for using insubordinate language and criminal force to the superior officer was issued.

(3.) Though in the summary of evidence, a number of witnesses were recorded, however, during the Summary Court Martial only two witnesses were recorded on behalf of the respondents besides the evidence of the petitioner and on the basis of the evidence recorded during Summary Court Martial, petitioner was found guilty of the charge made against him and he was dismissed from service on 12th December, 2007.