RAVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this case was a Gunner working in the office of respondent No.3. He proceeded on 36 days' annual leave from 26/01/1992 to 3/03/1993. The said leave was allegedly sanctioned by the respondent No.3. Allegedly, while availing the said leave, he fell into a 'Khud' in his village on 26/02/1992, as a consequence whereof, he sustained contusion in his right leg. He was taken to the nearby doctor at Thural, Himachal Pradesh and he was under his treatment from 26/02/1992 to 9/03/1992. He allegedly was admitted to the Government Medical College at Thural wherein also he remained under treatment from 10/03/1992 to 15/04/1992. A purported information to the said effect was sent to the Commanding Officer of the Unit of the petitioner. The petitioner rejoined his duties on 23/04/1992 and produced his medical certificate. On 25/04/1992, he was informed that he would be tried by a Summary Court Martial. The charges against the petitioner are as follows:

(2.) According to the petitioner, prior thereto neither any charge-sheet was served on him nor any list of witnesses was furnished nor any defence assistance was rendered to him. On 29/04/1992, he was allegedly taken to the Court Martial enquiry and in the absence of any charge-sheet, list of witnesses or list of material documents, he could neither defend his case nor cross-examine the witnesses. He even could not lead evidence on his own behalf. He was found guilty of the charges.

(3.) The petitioner was dismissed from service in view of the enquiry report of the same date. But later, on a post-confirmation petition made in terms of Section 106 of the Army Act, the sentence of dismissal was modified to that of discharge on humanitarian grounds by order dated 29/04/1993.