LAWS(CAL)-2000-12-29

SK ALLAUDDIN Vs. UNION OF INDIA

Decided On December 06, 2000
ALLAUDDIN Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this case the petitioner has challenged the Order of Sentence dated 09.03.1998 passed by the Summary Court Martial imposing a rigorous imprisonment for two months and also dismissal from service.

(2.) The petitioner, a Sepoy (No. 2992741) of D/Company, 15th Rajput Battalion was charge-sheeted on 4.3.98. The charge-sheet is reproduced below :- CHARGE SHEET The accused No. 2992741 X Sep S K Allauddin, 15th Battalion The Rajput Regiment is charged with :- First Charge WITHOUT SUFFICIENT CAUSE OVERSTAYING LEAVE Army Act GRANTED TO HIM Section 39(b) In that he, At Calcutta, having been granted leave of absence from 09 Dec 97 to 22 Dec 97 to proceed to his home, failed without sufficient cause, to rejoin unit on 23 Dec 97 on expiry of the said leave, till he rejoined unit on 09 Feb 98 at 12 00 hours at his own accord. Second Charge DESERTING THE SERVICE Army Act Section 38(1) in that he, At Calcutta, on 10 Feb 98 absented himself from 15th Battalion The Rajput Regiment, until apprehended by the Unit personnel at 13 30 hours on 19 Feb 98. Place : Calcutta Date : 04 Mar 98 (A.K. Bardalai) Colonel Commanding Officer 15th Battalion The Rajput Regiment.

(3.) The petitioner pleaded guilty to the charges levelled against him and accordingly he was found guilty after accepting the said plea of guilt. The Summary Court Martial on 9.3.98 imposed sentences (a) Rigorous Imprisonment for two months and (b) to be dismissed from service. The sentence was communicated by A.K. Bardalai, Colonel, Commanding Officer, 15th Battalion of the Rajput Regiment. Being aggrieved by the said sentence, the petitioner filed an appeal under the Army Act 1950 to the General Officer, Commanding-in-Chief (GOC-In-C) Easter Command and after due consideration it was rejected by an Order dated 14.8.98. Finding no other alternative the petitioner moved this Court under Article 226 of the Constitution of India praying for setting aside the sentence and for a mandate upon the respondents for his reinstatement.