CAPTAIN S S MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated the 4th of August, 1994, wherein the Government of India confirmed the sentence imposed by the Court Martial which is in the following terms:-

(2.) The petitioner's case could be stated, shortly, in the following terms:-

(3.) The petitioner joined the Army on the 30th of August, 1980. In the year 1988, he was posted in 5685 ASC Bn (MT). On the night of 18/19.11.1988, he was to perform his duty of checking the night guards. The petitioner, while performing his duty, admonished Bhoop Singh, who was one of the sentries when he found Bhoop Singh missing from his place of duty. Bhoop Singh turned up at his place of duty only after he was called out several times by the petitioner. The said Bhoop Singh appears to have made a complaint that he was beaten up by the petitioner with a bamboo stick and the petitioner caused injuries on the person Bhoop Singh. The petitioner was tried by the General Court Martial on the 25th of August, 1990.