TULSIRAM JAGO DUDHKOHALE Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the proceedings of a Summary Court Martial and the consequent punishment of rigorous imprisonment for six months and dismissal from service imposed upon him under the provisions of the Army Act.

(2.) The petitioner was a Gunner at 20-SATA Regiment Unit. Proceedings for misconduct were initiated against him and he was charged under sections 38(1), 40(b) and 40(a) of the Army Act for the following offences :

(3.) A summary Court Martial was constituted. A charge-sheet was issued to the petitioner by the Commanding Officer at 20-SATA Regiment at Jagaram Camp. The petitioner was tried at the Summary Court Martial on the field by the Commanding Officer of the 20-SATA' Regiment. The Court Martial found the petitioner guilty as charged and convicted him under sections 38(1), 40(b) and 40(a) of the Army Act. He was punished (a) to suffer six months' rigorous imprisonment in Civil Prison and (b) to be dismissed from service.