NAYAB SUBEDAR PARAMJIT SINGH Vs. UOI THRU SECRETARY

JUDGEMENT

(1.) The petitioner was recruited as a Sepoy in the Ordinance Corps. He was promoted as a Naik w.e.f. 1st September, 1985 and as Havildar w.e.f. 1st June, 1988. He was then promoted as Naib Subedar w.e.f 1st August, 2003. He is presently working as Clerk in the Ordinance Depot of the Indian Army. In the present writ petition, he calls in question an order dated 14th December, 2005 passed by the Chief of Army Staff rejecting the statutory complaint filed by the petitioner against a red ink entry made as early as on 14th February, 1985. A reading of the order passed by the Chief of the Army Staff would show that the petitioner was summarily tried on two counts namely : i) In that he, at 16 FAD on 10 Feb 85 failed without sufficient cause to appear at 1930 hours at Unit Gurudwara, the place appointed for Guard Duty. ii) In that he, at 16 FAD unit lines on 10 Feb 85, when having been previously warned for Unit Gurudwara duty, was intoxicated.

(2.) The petitioner had pleaded guilty to both the charges mentioned above resulting in the award of a severe reprimand by the Chief Ordinance Officer, 16 Field Ammunition Depot.

(3.) Appearing for the petitioner Mr. Satyajeet Mukherjee argued that the order passed by the Commanding Officer on 14th February, 1985 was a complete fabrication in as much as the petitioner had never been marched up before him for being summarily tried nor had he pleaded guilty to the charges framed against him. He further argued that the summary trial statement produced as annexure R-1 with the counter affidavit filed by the respondent did not bear the signatures of the petitioner or that of any witness before whom he is said to have been tried and punished. He contended that the Commanding Officer had failed to fill up and enclose with the report, appendix 'A' to Army order 70 of 1984 which according to learned counsel clearly showed that the summary trial of the petitioner was no more than a mere make believe.