EX-HAV RAMESH KUMAR Vs. UNION OF INDIA -

JUDGEMENT

(1.) The petitioner has approached this Court with the prayer that the charge sheet dated 26.5.92 is bad in law and consequently be quashed. He has further mentioned that the conviction and sentence awarded on the basis of the charge sheet by the Summary Court Martial held from 1.6.92 to 3.6.92 by the Commandant, Reserved Supply Depot, Lucknow was perverse, biased and illegal. It is further prayed that the orders dated 16.11.93 and 21.12.93 passed on the statutory complaint of the petitioner are illegal. It is also prayed that the entire proceedings of the aforesaid Summary Court Martial, including orders dated 16.11.93 and 21.12.93 be quashed, and the petitioner be reinstated in service with consequential benefits.

(2.) This petition was filed in February, 1994 and came up for admission hearing before the Division Bench of this Court on 23.2.1994 in which Rule was issued.

(3.) The minimum basic facts which are necessary to dispose of this petition are recapitulated as under :-