RAMESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing present writ petition, the petitioner has prayed for quashing of the orders dated 14th July, 2001 and 21st July, 2000 giving promotion to the petitioner to the rank of Nb. Subedar only with effect from 1st January, 2000 with seniority from 1st of August, 1997 but not granting any benefits of promotion from 1st August, 1997 as payment of salary and other emoluments from the said date in the post of Nb. Subedar.

(2.) The petitioner was enrolled in the Army on 19th March,1983 as Sepoy. The petitioner was promoted to the rank of Havaldar on 1st August, 1989. While working in the aforesaid capacity, a Summary Court Martial was initiated against the petitioner for an offence under Sections 41(i), 39(a) and 63 of the Army Act. After completion of the said Court Martial, the petitioner was imposed with the punishment of reduction of the ranks, rigorous imprisonment for one year in civil prison and also dismissal from the service.

(3.) Aggrieved by the finding and sentence of the Summary Court Martial, the petitioner filed a statutory complaint under Section 164 of the Army Act. The said complaint was considered and disposed of by the order dated 17th August, 1994 by the Central Government by commuting the punishment and sentence of the Summary Court Martial of reduction to ranks and one year rigorous imprisonment to severe reprimand and also remitted the sentence of dismissal with a further direction that the individual would be reinstated in service. It was also observed in the said order that the period between the date of dismissal and date of reinstatement in service will not be treated as duty and he would not be paid pay and allowances due to him for the said period.