SEPOY LAKHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has filed this writ petition aggrieved by the order of summary court martial dated 3.1.92, awarding six months imprisonment and dismissal from service. Mr. Bikramjit Nayar counsel for the petitioner has contended that the award of dismissal by the summary court martial was illegal and without jurisdiction. On 25.1.96, Division Bench of this Court passed the following order:-

(2.) Today again Mr. Nayyar has contended that in spite of the order passed on 25.1.1996, the respondents have not filed any affidavit on this point in this Court. Mr. Nayyar has further contended that the petitioner was a sepoy attached with 28th Battalion, Punjab Regiment and he has been punished for minor and trivial offence. The charge sheet at page 20 of the paper book is to the following effect:-

(3.) From the bare perusal of the charges, the petitioner absented himself without leave till 1530 hours on 29/12/1991, when he was allegedly apprehended. That makes unauthorised leave from Unit for seven and a half hours and the second charge was that he had consumed liquor and was found in the state of intoxication at 1530 hours on 29/12/1991.