UNION OF INDIA Vs. S K SHARMA

JUDGEMENT

(1.) This appeal has been preferred by the appellants aggrieved by the judgment of learned Single Judge. Respondent Havaldar S.K. Sharma had filed a writ petition aggrieved by his dismissal from service in pursuance to the finding and sentence of a summary court-martial dated 4.3.1996.

(2.) The charges against the respondent related to making accusations against his Commanding Officer for failure to take action on his application for railway warrant and other was regarding allotment of accommodation knowing fully well that such accusations were false. The respondent, it seems filed his petition dated 1.6.1995 addressed to the GOC-in-C, Eastern Command, complaining that Lt.Col. K.L. Yadav did not take action on his application for railway warrant dated 18.5.1995. The charge-sheet was issued against the respondent that the respondent made this false accusation fully knowing the same to be false. The respondent was further charged with act prejudicial to good order and military discipline by making correspondence to higher officials on service matters without proceeding through authorised channels.

(3.) The respondent had put in more than 11 years of service in the rank of Havildar as Education Instructor. The learned Single Judge held that in view of Section 116 of the Army Act and Note 5 of the Manual of Military Law, the only exception when a summary court-martial was to be held by Commanding Officer of a different unit would be in the case of a deserter and as the respondent-petitioner was admittedly not a deserter, holding of the Summary Court Martial by Commanding Officer of a different unit was bad in law.