UNION OF INDIA Vs. SATISH KUMAR

JUDGEMENT

(1.) The respondent herein was enrolled in Army on 19.03.1987 in the Ordinance Corps. After some time he was promoted to the rank of Hawaldar. While holding this substantive rank of Hawaldar, he was charged with misconduct of absence from duty without sanctioned leave. Court Martial proceedings were ordered on the said charge which resulted in imposition of sentence of reduction in rank from that of Hawaldar to Sepoy. The respondent's statutory appeal was also dismissed. Thereafter, the respondent filed a writ petition in this Court challenging the order of sentence. The sole plea taken by the respondent was that the impugned order was passed by the Commanding Officer who was not competent to impose punishment of reversion from the substantive rank of Hawaldar to the rank of Sepoy. This contention of the respondent has found favour with the learned Single Judge and on this ground the appeal of the respondent was allowed vide judgment dated 10.08.2010. It is this judgment which is in appeal before us.

(2.) The authority competent to pass the order of dismissal, removal or reduction in rank is governed by Section 20 of the Army Act, 1950. This section 20 reads as under:-