YESHBIR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner was accused of an offence under Section 304-A of the Indian Penal Code for having caused a death by driving a vehicle in rash and negligent manner leading to death of one Havildar (GD) Satyabir Singh. The petitioner was tried by Summary Court Martial ( SCM) for the offence and upon his plea of guilty he was awarded the sentence of severe reprimand on 16.5.2009. He has now filed this petition to impugn punishment imposed upon him on 16.5.2009. He also seeks quashing of the order whereby permission was sought to try him by Summary Court Martial and the order whereby his statutory petition against his trial and sentence imposed on him was rejected.

(2.) The petitioner was enrolled in the Army Corps of Artillery as Gunner ( Driver) in the year 1983. The petitioner had 24 years and 8 months service to his credit when he faced this trial. He had served in various operations and fields from time to time. On 26.11.2007 the petitioner was involved in this incident of a road accident. He would claim that there was no negligence or rashness on his part but still he was tried and punished, leading to huge loss in service, rank, pay as well as his pension being his post retiral benefits.

(3.) It is averred that on 26.11.2007 the unit of the petitioner was ordered to carry out a night deployment with day light recce.