CHANDRA PRAKASH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri Nazar Bokhari, learned Counsel for the petitioner, and Sri Rai Anandi Prasad Srivastava, holding brief of Sri Ajit Kumar Singh, learned Counsel for the respondents. In this petition prayer has been made to quash the order dated 02-8-1991 (Annexure-6 to the writ petition), whereby the petitioner has been punished by awarding reduction in rank, rigorous imprisonment for one month and dismissal from service.

(2.) THE brief facts necessary for adjudication of the case as emerges from the pleadings of the parties are that the petitioner was enrolled in the Army on 4th September, 1974 and had served in 190-Field Regiment from 9. 3. 1980 to 1-8-1991. THE petitioner was promoted to the rank of Naik on 6. 3. 1983 and as a Havaldar on 19th May, 1988. Soon after his promotion the petitioner sought premature discharge by making application on the following two grounds: (a) Wife and mother of the petitioner were ill; (b) THEre was nobody to look after the children and landed property.

(3.) IN reference to the offences as indicated under Section 39 (b) of the Army Act, 1950 (hereinafter in short called as the 'act'), that without sufficient cause for overstaying leave granted an individual is liable to suffer imprisonment to the extent of three years or less, which according to the petitioner he had already suffered in view the averments made in paragraph-22 of the writ petition. According to the petitioner in view of Section 72 of the 'act' the multiple punishment as indicated under Section 71 of Chapter VII of the 'act' cannot be awarded to the petitioner. No other point has been pressed for.