EX SOWAR AZAD SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 23rd February, 2011 passed by Armed Forces Tribunal, Principal Bench in T.A No.33/2010 dismissing the petition of the petitioner and declining to quash and set aside the proceedings of the Summary Court Martial dated 27th August, 1993 directing the dismissal of the petitioner and refusing to grant his reinstatement with consequential benefits.

(2.) Brief facts to comprehend the controversies are that the petitioner was enrolled in the Indian Army on 1st September, 1978 and he served with the Jat Regiment and was later on transferred to the Armed Regiment in the year 1980. The petitioner had about 14 years of service before he was dismissed.

(3.) According to the petitioner he was granted annual leave for the year 1993 with effect from 3rd May, 1993 to 1st July, 1993. He contended that during his leave he fell sick and remained under treatment at Faridabad. According to the averments of the petitioner he had informed the duty clerk LD/SKT on 2nd July, 1993 at 1915 hours regarding his illness and had requested for an extension of leave which was also recorded by the duty clerk in the message book. The petitioner thereafter, reported for duty on 14th August, 1993. On 23rd August, 1993 the petitioner was informed that he would be tried by the Summary Court Martial on 26th August, 1993 for an offence under Section 39(B) of the Army Act.