S K SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by his dismissal from service in pursuance to the finding and sentence of a summary court martial dated 4.3.1996.

(2.) . The charge against the petitioner related to making accusations against his Commanding Officer for failure to take action on his application for railway warrant and regarding allotment of accommodation knowing fully well that such accusations were false. The petitioner, in his petition dated 1.6.1995, addicssed to the GOC-in-C, Eastern Command had complained that Lt.Col.K. L. Yadav did not take action on his application for railway warrant dated 18.5.1995 by the camp office on 25.5.1995. It is stated in the charge-sheet that the petitioner made this false accusation fully knowing the same to be false. The petitioner was further charged with act prejudicial to good order and military discipline by making correspondence to higher officials on service matters without proceeding through authorised channels. It may be stated that the petitioner had put in more than 11 years of service in the rank of Havildar as Education Instructor prior to the decision taken sentencing him to be dismissed from service.

(3.) . The petitioner belonged to 20 Mountain Division and was attached to 1842 Light Regiment on 9.11.1995 for disciplinary proceedings. Initially recommendations were made for petitioner's trial by the District Court Martial in January, 1996 by the Commanding Officer but the convening order was issued on 22.2.1996 whereby it was decided that the petitioner would be tried by summary court martial. After the summary court martial the petitioner was found guilty of charges and was dismissed from service.