NAIK MANIKANDAN R Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner vide this petition has challenged the findings and sentence of the Summary Court Martial dated 15th November, 2010, whereby, the petitioner was sentenced rigorous imprisonment for twenty eight days in military custody and to be reduced to ranks from Havildar to sepoy. The petitioner has also challenged the order dated 14th February, 2012 passed by General Officer Commanding in Chief on his statutory petition dated 23rd July, 2011 whereby the punishment was commuted from reduction in rank and 28 days rigorous imprisonment in military custody to severe reprimand. His petition dated 23 July 2011 was disposed off accordingly.

(2.) The brief facts of the case are that the petitioner had joined the respondents and was enrolled as "Signalman" with the corps of Signal on 27th December, 1994. The petitioner got promoted to rank of Havildar on 1st January, 2002.

(3.) When the petiotioner was serving 53 Rashtriya Rifles Battalian and was posted at Jammu and Kashmir, he availed sanctioned casual leaves of 28 days w.e.f 13th April, 2010 to 10th May, 2010 and went to his home town. During the period of leave, he requested his Unit for extension of leave and his leave was extended upto 5th June, 2010 which included the balance of annual leave of the year 2010 and 20 days'advance leave of annual leave for the year 2011. The petitioner was required to join his duties on 6th June, 2010 but he continued to remain absent from duty. By the order of Commanding Officer of 53 Rashtriya Rifles Battalion dt 5.7.10 the court of inquiry was initiated against the petitioner wherein the statements of witnesses namely Platoon Havildar M. Bashir Ahmed, Havildar Manoj Kumar and of Subedar Kawaljit Singh, all posted in 53, Rashtriya Rifles Battalion (Punjab) were recorded. On the basis of evidence on record, the findings were given by the court that since the petitioner had not contacted the Unit since 6th June, 2010 nor had sent any request for extension of leave and even after being informed by Platoon Havildar to rejoin from leave, he had not rejoined duty after termination of leave, the petitioner be declared as "deserter" with effect from 6th June, 2010. The Commanding Officer had declared on 2nd August, 2010, based on the findings of the court of inquiry, the petitioner a deserter on account of overstay of his leave w.e.f. 6.06.2010 without sufficient cause. Even thereafter there was no response from the petitioner.