ABHISHEK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has preferred the present writ petition under Article 226 of the Constitution of India for quashing the following two judgments/orders of the learned Armed Forces Tribunal, Regional Bench at Lucknow (hereinafter referred to as 'Tribunal') :-

(2.) The petitioner was enrolled in Indian Navy on 1/2/2007. He was promoted to the post of Petty Officer (GS) on 1/3/2017 and while continuing to work on the said post in Indian Navy, a summary trial under Ss. 68 and 77 (2) of the Navy Act, 1957 was conducted against the petitioner for the alleged charges that unauthorized quantity of eighteen liquor bottles, which was said to be purchased by the petitioner from Military Canteen at Visakhapatnam, was found in his possession, wherein the petitioner took a stand that these liquor bottles were purchased for the purposes of consumption in upcoming marriage function of his brother-in-law. In the said summary trial concluded vide order dtd. 23/2/2021, the petitioner was punished with reduction in rank and deprivation of good conduct badges. Aggrieved by the order dtd. 23/2/2021, the petitioner preferred a representation dtd. 9/3/2021 under Sec. 23 of the Navy Act, 1957, however, during pendency of this representation, the petitioner was discharged from service vide order dtd. 2/8/2021 after completion of initial engagement of 15 years of service, even though the petitioner was willing to extend his engagement of service.

(3.) Aggrieved by the aforesaid order of punishment dtd. 23/2/2021 for "reduction in rank and deprivation of good conduct badges" passed in summary trial as well as order of discharge/release dtd. 2/8/2021, the petitioner instituted Original Application No. 276 of 2022 under Sec. 14 of the Armed Forces Tribunal Act, 2007 (hereinafter referred to as 'Act, 2007') with the following prayers :-