M SANKARNARAYANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India by petitioner Shri M. Sankarnarayanan for quashing constitution of. the Summary Court Martial and its order of conviction sentencing him to undergo imprisonment for six months and also its order dismissing him from the service.

(2.) The case of the petitioner is that he joined Assam Rifles in the year 1976 and was at the relevant time holding the post of Electrical Fitter Signal in the rank of LNK. On the night of 13th April, 1988 there was a dinner Party in the Officers Mess of Army at Agartala and the petitioner was directed by his officer to perform the duty of operator of the generator, so that the lighits might not go off. But at about 2200 hours when the members of the dinner party were parting the lights suddenly went off. The petitioner's immediate superior Capt. Y.B. Prasad asked the petitioner as to why he switched off the light. In his reply the petitioner said that the generator was very much heated up and in apprehension that some mishap might take place he switched off the generator. It was also stated by him that the Chief Signal Officer, Assam Rifles instructed to use the generator only for the purpose of charging the battery and communication and not for lighting. But this act of the petitioner enraged the officers who took part in the party and Capt. Y.B. Prasad rebuked the petitioner in slang language. The petitioner, however, raised his protest quite politely. But inspite of that he was arrested on that night and sent to quarter guard of the Unit.

(3.) It was further alleged by the petitioner that some officers of the lower strata of the hierarchy of the Assam Rifles filed some Civil Rules in Gauhati High Court being Civil Rule Nos. 1197/87 and 1179/87 for redressing some of their grievances in respect of the service conditions. The petitioner being a personnel of the Assam Rifles also took active pan in getting their grievances redressed and thus incurred the displeasure of the Superior officer. It has been stated that since the petitioner took active part in filing the cases etc. the superior officers made several attempts surreptiously to put him in trouble and that is why on the night of 13th April, 1988 he was sent to quarter guard of the Unit without any valid reason.