MANJIT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE writ petitioner seeks quashing of the Summary Court Martial Proceedings held on January 15, 2000, culminating in an order of penalty reducing the petitioner in rank and to undergo rigorous imprisonment for 21 days in Military Custody. As a consequential relief, the petitioner seeks emoluments which would have accrued to him had he not been reduced in rank together with interest @ 18% per annum reckoned from the date the payment become due till when the payment is made.

(2.) ENROLLED in the Indian Army in the Sikh Regiment on December 04, 1985, petitioner was posted to the Sikh Regimental Centre, Ramgarh as of May 06, 1998. Detailed for duty as a Guard Commander from 06:00 hours on January 03, 2000 the petitioner was to be relieved at 06:00 hours the next day on January 04, 2000.

(3.) THE charges for which the petitioner was tried at the Summary Court Martial were two in numbers. The first was for the offence under Section 36(d) of the Army Act, 1950 i.e. without orders from the superior officer leaving his guard. It was alleged that while on duty the petitioner left the quarter guard between 04:00 hours to 05:45 hours on January 04, 2000 without permission from his superior officer. The second charge was of having committed an offence under Section 49(b) of the Army Act 1950 on the allegation that the act of being away from the duty place facilitated a prisoner Yadhwinder Singh to escape from the custody.