BHARAT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) OA No.36/2011 filed by the petitioner before the Armed Forces Tribunal laid a challenge to the order of dismissal passed against the petitioner at a Summary Court Martial held on December 08, 2003 against which statutory and non-statutory representations to the Competent Authority were dismissed.

(2.) THE Tribunal has noted that when the petitioner absented from the drill parade on November 29, 2003, it was not a simple act of being absent, but had an element of challenge to the authority of the Armed Forces. The Tribunal has noted that the petitioner, of his own, left for his house on October 12, 2003 and on October 20, 2003 his father, a retired JCO, brought him to the Unit and the Second In-Command of the Unit in the presence of Subedar Major and the Sub-Unit Commander gave audience to father and son, during which meeting the petitioner kept on insisting that he did not want to continue to serve in the army.

(3.) NOW, the petitioner joined service as a Sepoy on July 31, 1998 and the impugned order is dated December 08, 2003.