QURBAN ALI Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) Heard Mr. B.P. Nautiyal, learned counsel for the appellant and Mr. V.B.S. Negi, learned senior sanding counsel (Central Govt.)

(2.) This appeal has no merit. It is against an order passed by the learned Single Judge of this Court dismissing the writ petition filed by the petitioner i.e. the appellant hearing. By that writ petition, the petitioner i.e. the appellant herein had challenged his dismissal from Army.

(3.) A Summary Court Martial (SCM) was held against the petitioner by the Army authorities on the ground that the petitioner, on two occasions, over-stayed beyond the awarded annual leave. During the Court Martial, the petitioner admitted the over stay, but only feebly, raised a plea that he was given some drink by somebody and on account of that, he forgot everything and behaved like an insane person. It is seen that nothing was produced before the Summary Court Martial by way of a defence witness nor any document was produced suggesting that during the period, when the petitioner remained absent unauthorizedly the petitioner was suffering from any mental illness.