(1.) THE petitioner, in these proceedings under Article 226 of the Constitution challenges the order of the Chief of the Army Staff ("COAS") dated 10.01.2008 which upheld the findings and the sentence of the Summary Court Martial ("SCM"). The petitioner was held guilty of misappropriating government property, under Section 52(b) of the Army Act, 1954 ("the Act") and a penalty of two months rigorous imprisonment in military custody along with reduction to the ranks was imposed on him.
(2.) THE petitioner was enrolled in the Army as a Sepoy Driver, Mechanical Transport (Dvr/MT) on 28.04.1994 and assigned to Corps E.M.E. He was held guilty for selling petrol belonging to the government at cheap rates to one Vivek Kumar, the owner of M/s. Harsh Medical Stores in Kherli Phatak, Kota. The respondent alleged that on 26.01.2007, at about 4:00 pm, the petitioner handed over five Pepsi bottles containing ten litres of petrol to Vivek Kumar and said that he would collect the money that evening. The shop owner informed Nk/ MP Ajit Singh Yadav of 18 Infantry Division Provost Unit about this incident. Nk/ MP Ajit Singh and Hav/MP Ashok Kumar Payra reached the area by 5:00 pm and hid near the store. They also gave four marked notes of ? 100/ - each to the shop -owner. At around 7:00 pm, the petitioner came to the shop again. Upon signal given by Vivek Kumar they moved in and apprehended the petitioner. As soon as the petitioner saw them, he threw the marked notes from his hands. It was alleged that he pleaded for forgiveness and admitted his mistake before them.
(3.) SUBSEQUENTLY , on 26.11.2007, a Summary Court Martial was constituted which was presided by Commanding Officer, Col. Bikramdeep Singh. The proceedings were concluded on 19.12.2007 and the petitioner was held guilty of misappropriating government property. The following penalties were imposed on the petitioner -