RAM NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition, the petitioner Ram Nath who was at the relevant time a Lans Naik in the Indian Army, challenges his conviction by a Summary Court Martial held on 2nd March, 1988. By the order of the same date, the petitioner was sentenced as follows :

(2.) The Summary Court Martial was held by the Commanding Officer of the petitioner. Col. M.C.Sebastinl. The petitioner was tried for offences under Sections 40(a) and 48 of the Army Act. The Charge Sheet dated the 25th February, 1988 reads as follows :

(3.) The petitioner challenged his conviction and sentence by filing a petition under Section 164 of the Army Act to the General Officer Commanding- in-Chief, Western Command, Chandi Mandir. This representation dated the 2nd April, 1988 was dismissed on 17th July, 1988. The present petition was filed on 19th May, 1988. In our order of 20th May, 1988 we had noticed that the representation made by the petitioner was yet to be disposed of. It was during the pendency of the petition after issuance of rule nisi that we were informed about the representation having been rejected by the competent authority.