RUDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ON the basis of charge-sheet dated 5. 8. 1982 and Summary Court martial proceedings conducted thereupon in which he pleaded guilty, the petitioner was sentenced to six months rigorous imprisonment and also awarded penalty of dismissal from service. The petitioner has not challenged the summary Court Martial and also accepts that his plea of guilt to the charge was voluntary. However, the entire thrust of the submissions of the learned counsel for the petitioner was that the punishment imposed upon him does not commensurate with the nature of the offence. Learned counsel, therefore, confined his submissions exclusively to this aspect. He commenced his arguments by referring to order dated 17. 11. 2005 passed in this writ petition, which is as under:

(2.) SINCE we have to confine our consideration to the aforesaid fact alone, namely, whether the punishment given in the circumstances is shockingly disproportionate to the charge or not, we shall take note of those material facts which have bearing on this issue.

(3.) THE petitioner was enrolled in the Indian Army in 1965 when indo-Pak war broke out. During his service, he conducted himself appropriately in discharge of his duties till the episode in question occurred. From 15. 7. 1981 onwards, the petitioner was Kote NCO. He was thus entrusted with weapons which used to be issued to various soldiers for the AIA inspection and for carrying out other duties and after the performance of duties, these weapons used to be deposited back. Certain weapons were issued on 7. 9. 1981 for cleaning. However, after the weapons were deposited back, there was shortage found therein. In the evening on the same date, the petitioner reported about the loss of carbine when the weapons were returned in the Kote.