EX-HAV SAT YAVIR Vs. UOI

JUDGEMENT

(1.) THE petitioner was a Naib Subedar in the Indian Army and was due for promotion to the rank of Havildar on July 01, 2003.

(2.) SEPOY Mithilesh Kumar made a complaint on June 04, 2003 that the petitioner had inappropriately kissed him on the cheek and had touched his private parts for which a tentative charge -sheet was drawn up and served upon the petitioner on June 13, 2003 for having committed an offence punishable under Section 46(a) of the Army Act, 1950 resulting in the Commanding Officer directing Summary of Evidence to be conducted. The Summary of Evidence was conducted on June 15, 2003.

(3.) THE Commanding Officer considered the evidence recorded during the Summary of Evidence proceedings and opined that case actually made out was for a charge under Section 63 of the Army Act which makes it an offence to do an act of commission or omission which is prejudicial to good order and military discipline. The Commanding Officer took the view that the petitioner be tried summarily, the power vested in him under Section 80 of the Army Act, 1950 read with Rule 22 of the Army Rules, 1954.