SADANAND SINGH Vs. CHIEF OF THE ARMY STAFF

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed for quashing the verdict given by the summary court-martial holding the petitioner guilty as also for quashing the appellate order whereby the appeal preferred by the petitioner against the verdict of the summary court martial has been rejected. The petitioner has also prayed for a direction in the nature of mandamus to be issued to the opposite parties commanding them to reinstate him to the post held by him at the time of his dismissal with consequential benefits of service including pay and allowances.

(2.) The petitioner having been enrolled in the Indian Army in medical corpse was working on the post of Naik at the relevant time and was posted as operation room assistant at the A.D.M. Battalion A.M.C. Centre and School, Cantonment, Lucknow. It is said that he impersonating himself as Naik Om Prakash of 325 Lt. A.D. Regiment and Naik Sadanand Roy of Military Hospital, Belgam sponsored respectively Sri Bindeshwar Prasad, son of Sri Sobhi Sahu and Sri Suman Kant Bharti for their enrolment in the Army, consequent upon which they were enrolled. On this fact coming to light, the petitioner was tried for the offence under Section 63 of the Army Act, 1950 by a summary court-martial which held him guilty of the charge and besides reducing him to ranks also sentenced him to R.I. for six months and dismissal from service. The petitioner preferred an appeal against the said verdict of summary court-martial which failed to bear fruit and was rejected. Aggrieved from the punishment inflicted by the summary court-martial as also the rejection of his appeal by the appellate authority, the petitioner has preferred this petition assailing both the aforesaid orders inter alia on the grounds that his trial by the summary court-martial was bad in law and the orders of the summary court-martial and the appellate authority being non-speaking are not legally sustainable.

(3.) Captain Trilochan Singh, who has filed counter-affidavit on behalf of the opposite parties, has justified the trial held by the summary court-martial and the orders passed by it as well as the appellate authority.