GIRISH CHANDRA ROUT Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ petitioner was member of the defence force. He was dismissed from service by applying the relevant provision of the Army Act and the Rules framed thereunder. By the Summery Court Martial procedure the writ petitioner was sentenced and awarded rigorous imprisonment for four months coupled with dismissal from service.

(2.) The facts of this case would depict that at about 19.45 hours on 3rd September, 1997 the writ petitioner trespassed into the family quarter of his fellow colleague Mr. G. Sampat when he was out of station on leave and his wife was alone in the quarter alongwith her minor child. At the relevant time the writ petitioner was on duty and was given sentry duty.

(3.) Mr. Kishore Dutta, learned counsel for the petitioner, challenged the order of punishment on following seven grounds :- (1) The charge was too vague to punish the writ petitioner; (2) The respondent authority was bias against the writ petitioner; (3) The purported admission on the part of the writ petitioner could not be used as the sole evidence against him to prove his guilt; (4) There was undue haste in proceeding against the writ petitioner; (5) The self-same officer who issued the charge sheet conducted the Court martial proceedings; (6) The entire proceedings was conducted in English and no assistance of interpreter was given to the writ petitioner; (7) The punishment was disproportionate to the alleged charges.