RAM CHANDER Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petition is on behalf of Ram Chander who was a Havildarin the Education Corps of the Indian Army. At the relevant time, he was posted at Headquarters 41, Sub Area, somewhere in Assam. He was tried by a Summary Court Martial; convicted for two separate offences under S. 64(e) of the Army Act and sentenced to (1) dismissal from service and (2) to suffer rigorous imprisonment for one year. S. 64 of the Army Act deals with miscellaneous offences committed by any person subject to the Army Act. Sub -Section (e) of S. 64 reads as under :

(2.) The allegations against Ram Chander were that he had obtained for himself, gratification from two persons as a motive for procuring their enrolment in the Army. The relevant portion of the charge sheet dt. the 17th June, 1987 reads as under :

(3.) The Summary Court Martial, which was presided over by the Officiating Commending Officer of the Unit, after trial, held him guilty on 13th August, 1987 of the above charges and sentenced him to the punishment as noticed above.