RAJ KUMAR GURUNG Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) BY means of this Writ Petition, the Petitioner has sought a writ of Certiorari to quash the orders dated 18 -01 -1992 and 25-07-1992.

(2.) THE Petitioner was a Sepoy in the Indian Army who absented himself from duty without leave for which summary Court Martial was conducted under Section 39 -A. Thereafter Court Martial was also conducted though wrongly referred in the order as summary court -martial as is evident from the counter -affidavit. The Petitioner was awarded the punishment of 6 months' rigorous imprisonment in Civil Jail, reduction in rank and dismissal from service. The appeal of the Petitioner was rejected by the appellate authority.

(3.) BUT on perusal, it reveals from the record that summary court -martial was conducted as per the procedure laid down under the Army Act and the Petitioner was duly informed about the 'friend of accused' and the officers and JCO attending the trial through the battalion routine order, part I dated 13 -1 -1992. Petitioner was also given copies of summary of evidence and the tentative chargesheet on 14th January, 1992 and the Petitioner has also acknowledged the receipt of the same. Admittedly, after the trial, the Petitioner was not provided with the copy of the summary court -martial as the Petitioner did not apply for the same. An accused in the case of summary court -martial is entitled to get the copy of the proceedings only when he makes a request to this effect to the officer or to the court. It is not the case of the Petitioner that he had applied for the copy of the proceedings and was not supplied the same. As such, argument of the learned Counsel for the Petitioner has no substance and is rejected accordingly.