RADHARAMAN AGARWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE question involved in the present writ petition is whether this Court has jurisdiction to entertain and decide the matter in question?

(2.) THE factual matrix relevant for the purpose of decision of the question involved is that the petitioner was Sepoy in the Trade of Tin Smith of Army Supply Corps. He proceeded on 20 days casual leave from 11 -8 -1998 to 30 -8 - 1998 to his home town in Rewa District within the State of Madhya Pradesh. During the said casual leave, the petitioner fell ill at his village. He informed the commanding officer regarding his illness on 20 -8 -1998 and 23 -9 -1998. He also sent another application for extension of leave for two months due to illness and also sent the medical certificate after recovering from the sickness. The petitioner reported on 1 -11 -1998, but, was shown to have joined on 5 -11 -1998. He sustained injuries and thereafter was hospitalized and Court martial was set up. Charge -sheet was prepared under Section 39(b) of the Army Act, 1950. The petitioner was posted at the relevant time at Bangalore. Court martial was conducted at Bangalore. Charge -sheet was issued at Bangalore. Pursuant to the Court martial, he was dismissed at Bangalore. Order was given of his dismissal at Bangalore. The petitioner further submits that he submitted appeal from Rewa to the Competent Authority on 23 -3 -1999. The rejection of the appeal was communicated to him at his home address at Rewa.

(3.) LEARNED counsel for the petitioner submits that this Court is having the jurisdiction as the petitioner had overstayed the leave at Rewa within the jurisdiction of this Court and he has filed the appeal while he was residing at Rewa and he received the order of his dismissal of appeal at Rewa which was despatched from New Delhi.