HAV PREM SINGH Vs. UOI

JUDGEMENT

(1.) JOINING the Indian Army and allocated Kumaon Regiment as the parent regiment on March 26, 1983, the petitioner earned promotion to the rank of Havildar. During the period he served the Indian Army, the petitioner was punished thrice when the penalty of severe reprimand was inflicted upon him resulting in three red ink entries being made in his service record.

(2.) DUE for promotion to the rank of Naik Subedar on October 01, 2007, the petitioner was deputed to undergo the Junior Commissioned Cadre Course in March 2007; which he successfully cleared. The case of the petitioner is that while posted with 17th Kumaon Regiment he was served with a tentative charge -sheet on May 12, 2007 by the then Commanding Officer alleging that he had committed an offence punishable under Section 63 of the Army Act, 1950 i.e. did an act prejudicial to good order and military discipline. The allegation of fact was that while at Pithoragarh, on May 09, 2007 the petitioner made an unauthorized contact over the cellular telephone with a lady, which was contrary to the instructions issued vide Inter Office Note No.100/6/GS(Int) dated July 28, 2006.

(3.) THE petitioner alleges that the issuance of the charge -sheet was an act of malice towards him to deprive him the promotion because if the petitioner would not be promoted the beneficiary would be one Devendra Singh. As per the petitioner Devendra Singh was the complainant.