CAPT RAM KUMAR Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) Capt. Ram Kumar. the appellant was court-martialled and dismissed from the Indian Army, He filed a petition under Article 226 of the Constitution to have that order quashed, and obtain reinstatement. By a judgment dated 11th March 1980. his petition was dismissed by a single judje of this court. This is an appeal under Clause 10 of the Letters Patent, against that judgment.

(2.) At the material time, Capt. Ram Kumar was attached lo the 5/3 Gorkha Rifles. In 1976, this unit was at Field in the vicinity of Nasirabad. The Commanding Officer of this unit was Lt. Col. V. Badhwar. During April, June and July 1976, a number summaries of evidence were recorded in respect of certain offences alleged to have been committed by Capt. Ram Kumar. On 27th September 1976, he was put under close arrest in anticipation of trial by court martial.

(3.) By an order dated 19th October 1976. Mai. Gen. S. S. Brar, General Officer Commanding 12 Infantry Division, convened a General Court Martial to try Capt. Rain Kumar on four charges. The charges on which he was arraigned were as follows :