M ROOR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition seeks quashing of the judgment and order of the Armed Forces Tribunal (Tribunal or AFT hereafter) dated 20.07.2010. The facts are that the petitioner was enrolled in the Army Corps of EME as CFN (Elect) and was serving with HQ 70 Mountain Brigade at the relevant time. On 31.10.1997, Summary of Evidence was recorded against the petitioner in respect of certain allegations, essentially dealing with his allegedly overstaying the leave granted to him, without sufficient cause. The following charges were framed against the petitioner:

(2.) The petitioner had denied the charges; consequently the petitioner was tried before a Summary Court Martial. On 30.11.1997, he was found guilty of all the charges made against him in the Summary Court Martial, and was dismissed from service. He challenged the dismissal order before the GOC-in-C, HQ Northern Command by filing an unsuccessful appeal. Thereafter, he filed a writ petition which was subsequently transferred to the AFT. The Tribunal in the impugned judgment and order dated 20.07.2010 dismissed the petition; thus, the petitioner filed this writ petition.

(3.) During the hearing, Mr. M.G. Kapoor, learned counsel for the petitioner restricted his arguments to challenging the conviction of the petitioner on the Second Charge. Before proceeding to the arguments, it is pertinent to supply the gist of the evidence (relevant for the Second Charge) recorded in the Court Martial proceedings.