SEPOY ROHTASH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has sought the quashing of the verdict of 'guilty' passed by the Summary Court Martial and the sentence of deduction in the rank by order dated 13th February, 2010 and the order dated 31st January, 2011 rejecting the petition dated 15th May, 2010 submitted by the petitioner against the Summary Court Martial's findings to the Chief of Army Staff. The petitioner has also sought the quashing of retirement order dated 2nd August, 2011.

(2.) Brief facts to comprehend the disputes are that the petitioner was enrolled as a Sepoy on 23rd August, 1995 and was promoted to the rank of Naik. The petitioner was performing the duties of a Driver of a school bus.

(3.) On 20th December, 2006, after dropping the children from school by bus, when the petitioner was returning with his vehicle, the school bus met with an accident. A young boy Master Simarjeet Singh son of Sh.Gurwinder Singh died on the road in Bhatinda. The said boy who died in the accident, was going on the bicycle on the same road and in the same direction in which the bus was driven by the petitioner.