PRADEEP KR TOMER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the 24 Assam Rifles on December 9, 1987 as Nursing Assistant. At the relevant time, he was serving in the 26 Assam Rifles on transfer. The petitioner was charged with the offence of unauthorized absence from duty for a period of 40 days with effect from December 30, 1999. The charge reads as follows :- TENTATIVE CHARGE SHEET The accused No.371051W Rfn/NA Pradeep Kumar Tomer of 26 Assam Rifles is subjected to the Army Act under the provision of Army Act Sec 4(1) read with SRC 318 of 06 Dec 62 and charged with :- Army Act Without Sufficient cause Sec 39(b) overstaying leave granted to him In that he. at field. On 11 Oct 99 having been granted leave of absence (60 days ELP w.e.f. 11 Oct 99 to 09 Dec 99 and extension of 20 days HPL w.e.f. 10 Dec 99 to 29 Dec 99, failed without sufficient cause to rejoin duty on expiry of the said leave and later voluntarily rejoined on his own accord on 07 Feb 2000 (AN).

(2.) On conclusion of the proceedings before the Summary Court Martial, the petitioner was dismissed from service by the order dated 24.2.2000 (Annexure-VI). The order of "dismissal" was remitted to discharge by an order passed on September 21,2001 by the Director General of Assam Rifles.

(3.) The petitioner challenged the aforesaid decision on the ground of procedural irregularities in the proceedings of the Summary Court Martial. The penalty of dismissal has been controverted as disproportionate to the offence committed. His case is that he had applied for 60 days leave with effect from 11.10.99 to 9.12.99. The leave was granted and the petitioner left for his home. The petitioner's mother was in her death-bed and it took about two months to get her cured. It is pleaded that the petitioner before expiry of leave informed the Medical In-charge of 26 Assam Rifles over telephone for extension of leave for 20 days. He was informed that the leave has been extended. The petitioner again on 29.12.1999 tried to communicate with the Medical-In-charge. On 30.12.99 the petitioner made a call to Mrs. Parvati Rana, F.A. of 26 Assam Rifles and informed her to convey the concerned authority his request for extension of leave. On 4.1.2000 and 12.1.2000, calls were allegedly made to Mrs. Aruna and Mr. Prakash Singh Dhuttulia urging them to request the authority for extension of leave. The petitioner sent a telegram on 2.2.2000 for extension of leave. On his resumption of duty after 40 days, he was served with the charge sheet and on completion of the proceeding dismissed from service. The sentence of dismissal, however, was converted into discharge by the Deputy Inspector General, Tripura Range.