UNION OF INDIA; COMMANDING OFFICER Vs. PREM SINGH

JUDGEMENT

(1.) This writ appeal by the Union of India is directed against the Judgment dated 21.12.2001 passed by learned Single W.A. 18 of 2002 Page 2 of 6

(2.) Briefly stated the undisputed facts of the case are that the petitioner was serving as a Radio Operator in the 176 Field Regiment and was posted at Agartala. He was subject to the provisions of the Army Act. Summary Court Martial proceedings were initiated against the petitioner on the ground that he had willfully absented himself from duty with effect from 21st October, 1988 till 27th November, 1988. The evidence was recorded during the Summary Court Martial and thereafter, when the charge was put to the petitioner, he allegedly pleaded guilty and thereafter, punishment of dismissal from service was imposed upon him.

(3.) The learned Single Judge allowed this petition mainly on the ground that the Summary Court Martial proceedings were invalid and ultra vires the Army Act in as much as the provisions of Rule 115 had not been followed in letter and spirit.