BHAGABAN TALIKADAR Vs. UNION OF INDIA

JUDGEMENT

(1.) I have heard Mrs A. Hazarika, the learned counsel for the petitioner and also heard Mr. U. C. Das, the learned C.G.S.C. for respondents.

(2.) This writ application has been filed by a person, namely, Sri Bhagaban Talukdar, the petitioner herein, belonging to armed feces. He was appointed as Motor Mechanic on 233.82 and after getting training, at the relevant time he was at Tezpur. In the month of May, 1996 a charge was brought against him that he has used criminal force as against his superior officer and, as such, a summary court martial was convened and before the Summary Court Martial, witnesses were examined and the petitioner himself made a statement and before making the statement, he was duly warned in terms of Army Rules 22(3) in presence of independent witnesses that if he makes the statement, that statement shall be used against him a evidence, inspite of this warning, he made a statement which was recorded in presence of the witnesses and a part of the statement is quoted below :-

(3.) On the basis of this admission/plea of guilt, the Summary Court Martial sentenced the petitioner to imprisonment for six months and also passed an order for dismissal from service. It is submitted by Mrs Hazarika, the learned counsel for the petitioner that Rule 124 of the Army Rules provides for only one sentence. Rule 124 of the Army Rules reads as follows :-