RAM NARAIN SINGH Vs. CHIEF OF ARMY STAFF

JUDGEMENT

(1.) 1. This Appeal is directed against the order of learned Single Judge dated 27.11.2001 whereby, the learned Single Judge has dismissed the writ petition for want of jurisdiction.

(2.) PETITIONER was sepoy in the trade of tinsmith of Army Supply Corps. He proceeded on casual leave for 20 days with effect from 11.8.1998 to 30.8.1998 to his home in Rewa (Madhya Pradesh). While availing the leave, he fell ill. He informed the Commanding Officer about it on 20.8.1998 and 23.9.1998. He also submitted application for extension of leave for two months for reason of illness and also sent medical certificate after recovering from the illness. Ultimately, he reported for duty on 1.11.1998 but he is described to have joined on 5.11.1998 for overstay of leave, charge -sheet was prepared under section 39(b) of the Army Act, 1950. This happened when he was at Bangalore. The Court martial was conducted at Bangalore and the charge -sheet was also issued at the same place. Court martial proceedings resulted in the dismissal of the petitioner at Bangalore, where order of dismissal was given. However, petitioner challenged the order of dismissal through appeal submitted to the Chief of Army Staff, Army Headquarters, DHQ Post, New Delhi dated December 23,1999. Order dated October 10, 2000 demonstrates that appeal of petitioner was placed before the Chief of Army Staff and was rejected.