GANGA SINGH JADON Vs. UNION OF INDIA

JUDGEMENT

(1.) More than a decade after suffering punishment of his dismissal from Army service on his pleading guilty to a charge of misconduct Ex-Sepoy Ganga Singh Jadon has filed this writ petition seeking a writ of certiorari directing the respondents to quash the proceedings of summary court martial held against him and to reinstate him in service with all consequential benefits.

(2.) The facts of the case giving rise to this writ petition are briefly stated as follows.

(3.) The petitioner was enrolled as a Sepoy in Army by the Branch Recruiting Officer, Gwalior on 10.1.1987 and after he had completed his military training, in May, 1988, he was posted in 16th Batallion, the Rajput Regiment, Kota under 18 Infantry division. In 1989 the battalion in which the petitioner was posted, shifted from Kota to JandK sector and thereafter in 1992 the entire 16th battalion was transferred to hard peace station at Dharamshala Cantt. While petitioner was working as a Sepoy in 16th Battalion, the Rajput Regiment at Dharamshala Cantt., he was sanctioned annual leave from 4.5.1992 to 3.7.1992. After expiry of his said annual leave, he did not report back for duty to his unit and overstayed leave for 21 days from 3.7.1992 to 24.7.1992. On account of his overstaying leave for 21 days, he was tried by summary court martial held against him by his Commanding Officer and pursuant thereto he was dismissed from Army service w.e.f 20.9.1992.