EX SEP RANJEET KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has sought quashing of judgment dated 27th February, 2012 passed by the Armed Force Tribunal, Principal Bench, New Delhi in OA No.55 of 2011, titled as ,,Ex. Sepoy Ranjeet Kumar v. Union of India & Ors., dismissing his original application seeking the setting aside of the findings and sentence dated 22nd October, 2007 passed by the Summary Court Martial and the quashing of order dated 13th September, 2008 rejecting his statutory petition under Section 164 (2) of the Army Act, and to direct the respondents to reinstate the petitioner back in service with all the consequential benefits.

(2.) RELEVANT facts to comprehend the pleas and contentions raised by the petitioner are that he was enrolled in the Indian Army on 28th February, 1995. He was posted to the 25 Rashtriya Rifles in Jammu & Kashmir on 13th May, 2005.

(3.) THE petitioner alleged that he had told his Commanding Officer over the telephone that he had kept the weapon in the Unit location as was instructed by the Commanding Officer. The petitioner, however, left his home town on the same day and reported back to his Unit on 15th March, 2006.